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Political prosecution keeps going on as this AG wants Dinsesh head on a silver plate!
Meanwhile there are tons of democrats that can be in jeopardy if this AG gets her way! Of course that won’t happen but I guess more voters will leave the Democratic Party after this statement of NY AG!
As far as your thread title, this has nothing to do with the Constitution. There is no Constitutional law that bars someone from being tried under both Federal and State law.
Current state law in NY does not allow someone to be tried for a crime n breaking state law if they have been also tried for the same crime under Federal law unless it meets certain exceptions. What is being proposed is to make a Presidential pardon or Commutation one of those exceptions as long as it doesn't occur more than five years after a Conviction.
Double jeopardy doesn't apply normally between state and federal, they both have sovereignty. You CAN normally be charged in both. New York is one of the few states that doesn't allow it.
The govt already abuses the "loophole" of hung juries and declaring "mistrials" which just means they lost because they suck and their case was weak tea.
They just keep ordering new trials until they find 9 or 12 idiots that can't see thru their BS.
Its a travesty. The govt should get ONE shot....they blow it, too goddamn bad...its over.
I vote for this thread and the original post as my favorite of the day. It illustrates the need to improve civics education in junior high and high schools to prevent low-information threads like this one.
Double jeopardy doesn't apply normally between state and federal, they both have sovereignty. You CAN normally be charged in both. New York is one of the few states that doesn't allow it.
I don't see any ambiguity in The Fifth Amendment:
"...nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb..."
I see no differentiation between state or federal charges in that sentence.
The govt already abuses the "loophole" of hung juries and declaring "mistrials" which just means they lost because they suck and their case was weak tea.
They just keep ordering new trials until they find 9 or 12 idiots that can't see thru their BS.
The Due Process Clause limits that. You can't retry a person endlessly. My guess is if a prosecutor is seeking a 5th retrial, it won't happen.
Double jeopardy doesn't apply normally between state and federal, they both have sovereignty. You CAN normally be charged in both. New York is one of the few states that doesn't allow it.
oh it gets even more fun than that. if you commit a crime on a reservation, then you can also be tried in indian courts as well.
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