11 Jul 10
after being acquitted on state charges, two of the cops in the Rodney King incident were convicted on federal charges and were sentenced to 30 months.
how is this not double jeopardy?
why not try all inmates twice, once each on state and federal charges? then we could keep them in prison longer!!!
11 Jul 10
Originally posted by zeeblebotDidn't the US supreme court say that subsequent federal prosecution does not apply to the double jeopardy clause.
after being acquitted on state charges, two of the cops in the Rodney King incident were convicted on federal charges and were sentenced to 30 months.
how is this not double jeopardy?
why not try all inmates twice, once each on state and federal charges? then we could keep them in prison longer!!!
11 Jul 10
Originally posted by zeeblebotTrials by separate sovereigns are not considered double jeopardy. As the state of California and the United States are considered separate sovereigns, the double jeopardy rule does not bar the second prosecution.
after being acquitted on state charges, two of the cops in the Rodney King incident were convicted on federal charges and were sentenced to 30 months.
how is this not double jeopardy?
why not try all inmates twice, once each on state and federal charges? then we could keep them in prison longer!!!
11 Jul 10
Originally posted by twhiteheadIt's not really considered being "tried" when one is sued, but yes, one can be sued for the same event after having been acquitted of criminal charges based on the same event. This, of course, makes sense, since there's a different standard of proof (beyond a reasonable doubt for crimes and preponderance of the evidence for civil actions).
Am I right that someone can also be tried on civil charges?
Isn't that what happened to O.J. Simpson?
The double jeopardy clause does not apply at all to civil actions. There's an analogous concept called "res judicata" that prevents someone from being sued twice for the same cause of action. However, that does not stop someone from being sued for a tort when having been acquitted of the criminal charges arising from the same event.
11 Jul 10
Originally posted by sh76well, but how often does it happen?
In cases where the alleged crime is both a state and federal crime, there's nothing to stop that from happening.
if it's applied to police officers in proportions wildly different than their proportion in the general population, isn't that grounds for complaint of unequal treatment under the law?
11 Jul 10
Originally posted by zeeblebotYeah, cops gets screwed by the legal system in the US.
well, but how often does it happen?
if it's applied to police officers in proportions wildly different than their proportion in the general population, isn't that grounds for complaint of unequal treatment under the law?
14 Jul 10
Originally posted by zeeblebotKing finally got some measure of justice when the Feds jumped in and convicted the cops of violating King's civil rights. When the system works (which is rare), it's a beautiful thing.
after being acquitted on state charges, two of the cops in the Rodney King incident were convicted on federal charges and were sentenced to 30 months.
how is this not double jeopardy?
why not try all inmates twice, once each on state and federal charges? then we could keep them in prison longer!!!
14 Jul 10
Originally posted by AThousandYoungThere was both a Federal criminal trial and a civil trial. In the first, two of the cops were convicted of violating King's civil rights and sentenced to 30 months in federal prison. In the second, King was awarded damages of $3.8 million.
I thought it was a civil lawsuit. Was it the Feds?