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To: RoosterRedux

What MOM may argue (concepts stolen from another Freeper, can’t recall who): Normally double jeopardy does not prevent federal prosecution after state prosecution because the federal and state governments are separate sovereigns. However, in this case, Florida acted at the behest of the President and DoJ, so the first case counts as both a federal and a state prosecution for double jeopardy purposes. The federal government therefore does get another try. (I think the Freeper cited a case, too.)


17 posted on 07/21/2013 12:27:05 PM PDT by piytar (The predator-class is furious that their prey are shooting back.)
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To: piytar

I am unable to comprehend your post. Somebody help.


24 posted on 07/21/2013 12:31:30 PM PDT by txhurl ('The DOG ate my homework. That homework, too. ALL my homework. OK?' - POSHITUS)
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To: piytar

...did you mean does NOT get another try?


25 posted on 07/21/2013 12:33:54 PM PDT by Weirdad (Orthodox Americanism: It's what's good for the world! (Not communofascism!))
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To: piytar; Weirdad

Oooooppps! I meant the Feds do NOT get another try!!!


28 posted on 07/21/2013 12:37:57 PM PDT by piytar (The predator-class is furious that their prey are shooting back.)
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To: piytar
"However, in this case, Florida acted at the behest of the President and DoJ, so the first case counts as both a federal and a state prosecution for double jeopardy purposes. The federal government therefore does get another try."

The DOJ was operating in the background to drum up protests - they were not an official party in the criminal proceedings. Therefore, they can still bring a separate, unrelated case based on different FedLaw.

Double Jeopardy can only be claimed for prosecution on the same state murder charges (or the lesser charges presented by prosecution, enumerated by the judge, and considered by the jury).

Zimmerman can still be hounded on Fed or state civil charges (that's how OJ was successfully sued before his kidnapping conviction).

79 posted on 07/22/2013 12:42:50 AM PDT by uncommonsense (Liberals see what they believe; Conservatives believe what they see.)
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To: piytar

He can be tried in federal court, but NOT because Fed and state are separate. He can be tried because the “crimes” are different. Murder vs. “hate crime”, however, I think one could argue in federal court that he can’t be convicted of a hate crime without murder being a part of that. The ONLY thing he did to Martin was kill him. Without considering murder, you have no crime. If you have no crime, you can’t prove what his attitude was. Murder can not be considered in federal court because then THAT would be double jeopardy.


81 posted on 07/22/2013 5:59:24 AM PDT by DrewsMum
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