spartacus53 said:
There is nothing like beating a dead horse
The Fifth Amendment to the U.S. Constitution provides, "No person shall … be subject for the same offence [sic] to be twice put in jeopardy of life or limb." This provision, known as the Double Jeopardy Clause, prohibits state and federal governments from prosecuting individuals for the same crime on more than one occasion, or imposing more than one punishment for a single offense. Each of the 50 states offers similar protection through its own constitution, statutes, and Common Law.
The law has only one shot at you period.... It's been like that even in Greece since before 300 BC
This is also to prevent state and federal entities from abusing power, and your bank account, other than that, they would prosecute until they had a verdict in their favor
Spartacus, you're correct literally and in theory, but in "real life" that's all B.S.
One example (and I really hate to use this as one) is the case of Byron De La Beckwith, the klansman who was convicted of killing Medgar Evers in Mississippi in 1963.
He was arrested, accused and tried for murder TWICE in 1964, both trials ending in a mistrail because, according to the prosecution, the jury was all white.
So when it became politically correct to implent "retrojustice" (a term I coined, incidentally) in the 1990's, he was tried for a THIRD time in 1994 and finally convicted.
The jury ratio was 8 black and 4 white jurors, by the way.
Now anyway you look at it, even if De La Beckwith WAS guilty (and for the record, I believe he WAS guilty), the man was railroaded and tried over and over until the court got the result that it was looking for. It was definitely double jeopardy the second time in 1964, because no new evidence was introduced, and in 1994 the new "evidence" was more or less based on a hearsay comment, so I reckon that would make trail number three "double" double jeopardy, wouldn't it?
So you might want to rethink the Double Jeopardy Clause. It disturbs me to know that a killer like De La Beckwith or this Casey woman can walk away scott free, for sure.
Even more disturbing is how the government can go after someone time and again, until they get what they want from a court.
De La Beckwith would have been convicted in my opinion, even if he was in a hospital in California with two broken legs and one busted arm at the time of Evers' murder.
Most of the folks that convicted him weren't even born when the crime took place, so they couldn't be his true peers in any sense of the word.
Then too, no matter what you think about it, they stacked the deck against him by having an 8 to 4 ratio of black folks. Now I know as much as the klan and their activities disgust me, it's gotta be more to a black person, and with De La Beckwith being tried twice before, the jury most likely assumed that he was guilty and to them, he was THE face of the 1960's klansman.
Screwed, wasn't he? Since that happened to him, it could happen to anyone else that the gov. decided to single out. That should disturb any American.
If the prosecution loses the case for whatever reason, they ought to let it go. It's the only way to keep it fair. Racists and babykillers included, sick as it makes me to say it.
Sky Pilot