Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: OneWingedShark

No adjudication took place because there was just a hearing, not a trial finding facts.


35 posted on 12/01/2014 6:40:17 PM PST by DBCJR (What would you expect?)
[ Post Reply | Private Reply | To 12 | View Replies ]


To: DBCJR
No adjudication took place because there was just a hearing, not a trial finding facts.

True; but does that mean that he was never placed in that jeopardy? After all, the Grand Jury's place is to (a) see if the charge fits/has-merit [indictment], or (b) bring charges themselves [presentment].

Murder is still a capital offense, therefore the Fifth Amendment's restrictions on prosecution are in place; moreover, as the charge was dismissed at the initial stages, to draw up new charges based on the same actions is precisely the meaning of subject[ing one] for the same offence to be twice put in jeopardy, and lastly, this re-drawing up of charges/grand-jury-shopping is exactly bypassing due process of law (that is to say, it's merely giving the appearance of complying w/ the strictures, while in actuality ignoring them).

41 posted on 12/01/2014 8:34:45 PM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
[ Post Reply | Private Reply | To 35 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson