Posted on 12/01/2017 4:21:25 PM PST by Bobalu
Justice Just Filed Arrest Warrant for Kate Steinle's Killer
(Excerpt) Read more at twitter.com ...
The other crimes are present even without the murder.
The arrest warrant that was issued is based on him violating the supervised released terms of his federal sentence. It’s essentially a probation violation/revocation warrant.
If there are additional federal charges coming, they most likely will be related to the gun.
18 USC 922 (g) is a no brainer. He’s a multiple time convicted felon and previously deported illegal.
He had no business even touching a gun or ammunition.
The Armed Career Criminal Act (ACCA, 18 U.S.C. § 924(e)) is another federal gun law that requires a 15-year mandatory minimum sentence for anyone who possesses a gun or ammunition and also has three prior convictions for serious drug offenses or violent felonies.
I can’t find enough information about Zarate’s seven prior felony convictions to know if they would qualify.
Jury nullification is the final say on law. It is the last chance for a bad law to be eliminated. That it can be (and was in this case) misused is no reason to “throw the baby out with the bathwater”.
There is a reason that judges don’t like nullification by the jury: it is a reminder to them that they work FOR THE PEOPLE, not the government. THE PEOPLE are the ultimate arbiters of the law, not the black-robed tyrant wanna-bes.
If you've seen the interviews with the family, they are not inclined to do any of that.
The feds would not charge him with the same crime. He would be charged with violating federal immigration law and federal firearms laws. Neither of those crimes was at issue in the California murder trial.
Yeah F*$k them. I’m ready for tanks to roll into these Sanctuary Cities.
Yup, and military tribunals!
I understand. My original comments were based on the federal, practice of retrying facts under the guise of a civil truths trial because we don’t get the verdict we want. This guy has been found guilty of possession interested to see the sentence.
McVeigh could be charged for murder twice, as the law is written, because he hit a federal facility and because he used explosives. If he stabbed that many people in OK it would have only been prosecutable in OK.
The Constitution does not apply to illegal immigrants.
If the same crime can be defined multiple ways, please tell me how an individual is protected against double jeopardy?
Do you really believe the founding fathers intended for each crime to be defined multiple ways, making the protection against double jeopardy a joke?
An individuals liberty is equally at stake, no matter the government court used.
So is San Francisco and California going to cooperate in turning him over? As far as they are concerned he is an innocent free man and turning him over would violate his sanctuary status.
There was a good Quincy episode about that involving a kidnapping.
All people are endowed by their Creator with certain inalienable rights...
Landing takes too long.
Yeah like the OJ case. You would change your tune if you lived in DC. Jury nullification will become the norm as the demographics of this country change. It undermines the rule of law.
You sure seem to be bothered that an illegal alien is getting his Constitutional rights violated, like he has any in the first place.
Who knew that murder under California law and immigration laws enacted by the United States Congress were the same laws. [/sarc]
One thing nobody has discussed is the judges instruction to the jury. While I can see that they might have found him not guilty of murder, I cant see why he got off on other charges, including manslaughter. However, if the judge (for reasons of his or her own) instructed them in such a way that they were unsure about what was required, or unsure if they could find differently on the different charges, that would certainly have skewed the verdict.
Dont forget, youre dealing not only with a jury from San Francisco, but a judge and whole court system that reflects the city. A judges instructions are very important.
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