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To: RoosterRedux
"...the ACLU believes the Double Jeopardy Clause of the Constitution protects someone from being prosecuted in another court for charges arising from the same transaction."

The real law of our land on the matter, my emphasis in bold:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.


There's no excuse for any second attempt to prosecute for the same crime, so there's no excuse for a second jurisdiction to make a second such attempt anywhere in the USA.

The propaganda and policy campaign of three decades (propaganda: "tough on crime") by un-American, bipartisan, socialist romanticists will probably come to a close before long, because the big government that they falsely claimed to oppose cannot be supported without a large manufacturing base administered by the kind of men in American leadership before 1850.


43 posted on 07/21/2013 1:06:31 PM PDT by familyop (We Baby Boomers are croaking in an avalanche of rotten politics smelled around the planet.)
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To: familyop; RoosterRedux

Although I loathe and despise the exploitation of pre-existing self-pity and self-infliction in the black community and political gain from it by this administration, my understanding of double jeopardy as construed by SCOTUS since 1959, is that one can be tried for the same offense “by separate sovereigns.” States are separate sovereign from each other and from the federal government, so theoretically, the feds could retry this state case in a federal court (if they have valid standing and cause of action). Of course, if Holder tried to do it, Zimmerman could possibly seek a restraining order while applying for certiorari from SCOTUS to reconsider the current law on double jeopardy.


66 posted on 07/21/2013 5:17:59 PM PDT by PapaNew
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