Re: Canadian double jeopardy: “Note that there is a difference in the extent of the right from the American model, and that is that the Crown can appeal an acquittal, which is not available under the US law.”
More than that, a criminal defendant in the United States cannot be re-tried once a jury is empanelled – so there’s no retrial in case of mistrial, either, as I believe there is in Canada. I don’t consider the English/Canadian rule on Double Jeopardy to be analogous to the American rule; the American rule generally does not allow criminal re-trials except in very rare cases, while the Canadian/English rule allows re-trials except in very rare cases (i.e., final acquittal or the imposition of punishment).
Actually it is, unless the judge has good reason to close the court. Court proceedings in the United States are generally open to the public.
“Second, bear in mind that nearly every indictment (of course, the law being what it is, there are exceptions) has to be handed down by a Grand Jury.”
It is worth noting that at the state level in the U.S., the use of Grand Juries varies by jurisdiction. We have no grand juries in my jurisdiction, for example; all criminal charges, regardless of seriousness, are brought by government attorneys – in the case of felonies, county attorneys (the equivalent of district attorneys) or the attorney general’s office.
What’s “IIAL,” anyway? “I is a lawyer?”