# Double Jeopardy Question **URL:** \ **Category:** Factual Questions\ **Created:** [August 8, 2002, 6:42pm UTC](https://boards.straightdope.com/t/double-jeopardy-question/123003 "2002-08-08T18:42:07Z")\ **Posts on this page:** 5\ **Page:** 2
**Author:** ![Nametag](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/nametag/32/406_2.png) [@Nametag](https://boards.straightdope.com/u/Nametag)\ **Post date:** [August 10, 2002, 2:51am UTC](https://boards.straightdope.com/t/double-jeopardy-question/123003/21 "2002-08-10T02:51:28Z")
There is no double jeopardy issue in the case of Harry Aleman; he bribed the judge and waived jury trial, so the appeals court (and the Supreme Court?) ruled (in essence) that he had never been in jeopardy in the first place. A discussion of double jeopardy, including this case, is [here](http://www.co.lake.il.us/pubdef/commentary/2dtrial.htm) > [@](#): > > Where trial judge was shown to have accepted bribe and where defendant waived jury, on issue of guilt-innocence, defendant could be retried for murder in spite of prior acquittal, since defendant was never in any real jeopardy of being convicted of murder, People v Aleman (1st Dist, 1996), 667 N.E.2d 615, 217 Ill.Dec. 526. The U.S. appeals court decision is [here](http://www.kentlaw.edu/7circuit/1998/mar/97-2479.html). ---
**Author:** ![handsomeharry](https://avatars.discourse-cdn.com/v4/letter/h/e9c0ed/32.png) [@handsomeharry](https://boards.straightdope.com/u/handsomeharry)\ **Post date:** [August 10, 2002, 3:03am UTC](https://boards.straightdope.com/t/double-jeopardy-question/123003/22 "2002-08-10T03:03:29Z")
Well, exactly. the constitution is intact. peace is war. slavery is freedom. ---
**Author:** ![handsomeharry](https://avatars.discourse-cdn.com/v4/letter/h/e9c0ed/32.png) [@handsomeharry](https://boards.straightdope.com/u/handsomeharry)\ **Post date:** [August 10, 2002, 3:08am UTC](https://boards.straightdope.com/t/double-jeopardy-question/123003/23 "2002-08-10T03:08:15Z")
So, if the defendant has a great lawyer and if the prosecutor is a dip and the judge is incompetent, then it would be fair to say that the defendant was never in jeopardy. And, if the evidence for a trial was fabricated, and the police knew it, and the defendant is acquited, the def could be retried, couldn’t he? that’s the great thing about the supreme court…they shoot straight! ---
**Author:** ![doreen](https://avatars.discourse-cdn.com/v4/letter/d/858c86/32.png) [@doreen](https://boards.straightdope.com/u/doreen)\ **Post date:** [August 10, 2002, 4:27pm UTC](https://boards.straightdope.com/t/double-jeopardy-question/123003/24 "2002-08-10T16:27:34Z")
> [@](#): > > So, if the defendant has a great lawyer and if the prosecutor is a dip and the judge is incompetent, then it would be fair to say that the defendant was never in jeopardy I suppose if the defendant bribed someone (that is, committed a separate crime) to get his case assigned to the dip prosecutor and the incompetent judge and therefore _knew_ he would be acquitted, he wouldn’t be in jeopardy ( since there was no danger of conviction) ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [August 10, 2002, 4:43pm UTC](https://boards.straightdope.com/t/double-jeopardy-question/123003/25 "2002-08-10T16:43:00Z")
Jeopardy attaches in a jury trial when the jury is sworn in, and at a bench trial when the judge begins to hear evidence. **handsomeharry** , you’re evidently viewing the rules of jeopardy as some mystical, talismanic device. Jeopardy does not magically attach when certain words are spoken or certain actions taken. There is a big difference between a defendant who is in very little jeopardy because of his excellent attorney and incompetent prosecutor, and a defendant in no jeopardy because he subverted the system. The principle enshrined in our system is that the prosecution gets one bite at the apple. If they happen to take a poor bite, through their own fault, that still fulfills the mandate; if their bite is frustrated by criminal actions meant to subvert the entire system, it’s unprotected by the prohibitions against multiple jeopardy. - Rick [Previous page](https://boards.straightdope.com/t/double-jeopardy-question/123003.md?page=1)