Double Jeopardy in the Jesse Smollett Incident | They Don't Teach You That In Law School

Lawyer Talk: Off the Record

The Jussie Smollett case serves as a tangible, recent example that makes the complex legal principle of double jeopardy more relatable and easier to grasp.

We kick off by revisiting the high-profile case of Jussie Smollett, whose name you might remember from the sensational headlines back in 2019. We take a deep dive into whether Smollett's case was an example of double jeopardy, discussing the procedural history, the role of special prosecutors, and the implications of plea deals. We break down the complexities of double jeopardy protections, their legal underpinnings, and why they are crucial for a fair judicial system.

We discuss the broader implications of special prosecutors stepping in for high-profile cases, the ethical concerns that arise, and the real-world impact on defendants and governmental resources. We also tackle the moral and ethical questions that defense attorneys face when representing clients who may or may not be guilty.

Key Takeaways

Understanding Double Jeopardy: Dive deep into the Fifth Amendment's concept of double jeopardy and learn how it protects individuals from being prosecuted multiple times for the same offense. The episode dissects how Jussie Smollett's case exemplified this crucial constitutional protection.

The Role of Special Prosecutors: Gain insights into the reasons and scenarios when a special prosecutor is brought in, especially in high-profile or complex cases. Understand the significance of resource management and conflict of interest in local prosecutorial offices.

Balancing Justice and Constitutional Rights: The episode underscores the importance of protecting constitutional rights for everyone, regardless of the crime. It emphasizes that safeguarding these rights is not just about achieving just outcomes but also about maintaining the integrity of the legal system for all.

Key Moments

00:00 "MAGA Attack Hoax Unravels"

03:40 Special Prosecutor Variability Explained

09:15 Convicted, Fined, and Sentenced

10:44 Appellate Bond Explained

13:28 Unexpected Turn in Legal Case

16:15 Diversion Plea Deals Explained

21:48 Beware Righteous Government Overreach

25:26 Defending the Innocent Dilemma

26:42 Innocent Until Proven Guilty

29:56 Defending the Unpopular in Law

Submit your questions to www.lawyertalkpodcast.com.

Recorded at Channel 511.

Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.

Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.

He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.

Steve has unique experience handling numerous high publicity cases that have garnered national attention.

For more information about Steve and his law firm, visit Palmer Legal Defense.

Copyright 2025 Stephen E. Palmer - Attorney At Law