RECTIFY: Daniel’s case isn’t double jeopardy
The premiere of RECTIFY raised plenty of questions, but one we keep hearing is: Wouldn’t retrying Daniel Holden (Aden Young) be double jeopardy? Well, our friends at Buzzfeed want to make sure you know the answer is: No.
“If you go to trial in front of a jury and you’re found not guilty, that’s the end — double jeopardy is attached,” says Lara Bazelon, supervising attorney at the Loyola Law School Project for the Innocent. But on Rectify, Daniel’s conviction was simply vacated by a judge — he wasn’t found not guilty. “Getting a conviction vacated doesn’t mean you can’t be re-prosecuted,” says Bazelon. “The prosecutor has another shot at you. It just means that this particular conviction is invalid.” Think of it as a kind of mistrial after the fact. If prosectors wants to attempt to reconvict, “they have to start all over again” with a new trial.
So you can stop worrying about the legal issues, and start worrying about how Daniel is (or isn’t) dealing with the overwhelming world outside of Death Row.