What do the legal beagles here think?
Worth following.
Well, she was deprived of her civil right to life... 1983 action?
Didn’t the Rodney King trials prove that the state can try people until they get the verdict the state wants?
no she can not..it’s not a FEDERAL LAW she broke....get your facts straight
They might not be able to do this. However, if there is anything else that the feds could go after her for, they sure could.
I know that the courts have decided otherwise, but FReepers ought to hold the prohibition against double jeopardy sacred.
ML/NJ
Travesty though it was, it was a state level murder case, and the Federal government should have no place there.
Ping
What federal laws did she break?
I think we should accept the verdict and let it go.
It sucks but it isn’t worth giving the feds more power.
This kind of thing came out of the civil rights era when racist jurors refused to convict obviously guilty murderers. The feds made them federal crimes and moved them to jurisdictions where they could get convictions.
Consider this: O.J. is in prison for 40 years (Whatever that means.)Let’s give this person some time to find her true destiny.
The problem was that there was not evidence to convict her. How would trying a person with the same lack of evidence be meaningful?
The crime would be a “civil rights violation”, same as the Federal Government usually uses.
A better solution is a wrongful death lawsuit, like was used against OJ Simpson. That is NOT double jeopardy, and it is much easier to prove the case against the accused.
And really that is the problem, that everyone “knows” that she is guilty, but there is still enough doubt to avoid conviction in a criminal case. It’s much easier to win a lawsuit. She wouldn’t be in jail, but at least there would be a verdict of guilt.
Can you kidnap your own child? If so, maybe the fed’s can try her for kidnapping. Then too, if found guilty of that then maybe she’ll be found guilty of murder.
They can try her for violatimg Caly’s civil rights.Probably the only thing I can think of.The Feds have done that in the past where the Government failed to get a conviction on a murder charge.
Looks like there might be witness tampering. Could the original trial be vacated and a new trial ordered? Inquiring minds want to know.
I think the Florida jury screwed up in not convicting her for child neglect, which is really more of a “are you kidding me?” moment for me than the acquittals on the more serious charges. That said, I think federal civil-rights prosecutions ought to be reserved, if used at all, for cases where the state trial genuinely was a flat-out, no-BS sham, not as an end run around the Fifth Amendment because you didn’t like the state trial verdict and/or the jurors were idiots. It was a bad idea for King and Powell (the Rodney King cops) and as much as I dislike the verdict in the Anthony case, I think it’d be a bad idea here.
Unfortunately the result of this trial is bringing up exactly what was expected.... Outrage, but it’s pointed in the wrong direction and as a result everyone wants more laws, “Caylee’s Law” i.e. not reporting children missing within 24hrs, probably will be a federal crime punishable by death if they can get it on the books in the next few months. Next will be a duct tape law where you need a background check to buy duck tape and the list goes on.
Over reaction to anything results in bad decisions being made.
Bottom line is the prosecutor’s fxcked up royally.. that’s who folks should be pissed at.
We don’t need more BS laws.
The Army Green Beret doctor..Captain Jeffery McDonald was tried twice.
http://en.wikipedia.org/wiki/Jeffrey_R._MacDonald
Sorry. But no dice.
Yes, it is true that Double Jeopardy applies only to being tried twice in the same sovereign jurisdiction, and yes you can be tried for the same crime in every sovereign jurisdiction your crime offended. Thus if, say you kidnap a woman in Texas and murder her in TN, you can be tried with kidnapping and Murder in both Texas, where the crime began, and TN where the Crime ended. Also, because you crossed state lines, The Federal court also has jurisdiction over the crime and you can be tired there as well.
There is no interstate component to this murder, therefore only a single sovereign to offend- and thus double jeopardy is a bar to any further prosecution
and frankly we want it that way. Yes, This one person walks free, but expanding the reach of the federal government, particularly in the realm of criminal law, is a very bad idea.