Justices' Retrial Ruling Will Be Key In Complex Venue Cases
The U.S. Supreme Court settled a circuit split over the appropriate remedy for instances when the government unconstitutionally prosecutes a criminal defendant in an improper venue, and before a jury drawn from the wrong district. Matthew Koerner discusses the ruling of Smith v. U.S., which determined the government may reprosecute the defendant, and doing so does not violate the U.S. Constitution's double jeopardy clause.