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To: walsh

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.


45 posted on 07/12/2011 4:53:42 PM PDT by Quis Custodiet (.)
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To: Quis Custodiet
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.

That's why I point to murder trials during the civil rights era. Sure it sucked that jurors refused to convict clearly guilty men but making racial crimes into federal crimes was even worse.

Balancing the good against the bad, I'd have to say the jury's right to vote as they see fit reguardless of guilt or evidence is a good thing. Juries gave the courts fits during prohibition for good reason.
56 posted on 07/12/2011 5:05:39 PM PDT by cripplecreek (Remember the River Raisin! (look it up))
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