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View Poll Results: Should there be exceptions made to the DJ law in extreme cases?
yes 13 40.63%
no 19 59.38%
Voters: 32. You may not vote on this poll

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Old 09-19-2011, 06:41 PM
 
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Good question. But I don't think so, because the law prevents prosecutors from trying a defendant over and over until they get the verdict they want. There may be some guilty people who get the conviction they deserve, but there may be just as many innocent people who are the target of an overzealous prosecutor.

One case I know of in particular comes to mind where I wish the double jeopardy law could have been revisited, the case of Brenda Sue Schaefer who was tortured and murdered by her ex boyfriend who was acquitted at trial, then after the acquittal they found photographs that were taken of her being tortured. That was a horrible, horrible miscarriage of justice...he was convicted of perjury and did like 8 or 10 years.

So there would be pros and cons to it...but I would go with no, it should not be revised or revisited.
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Old 09-19-2011, 06:51 PM
 
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Quote:
Originally Posted by virgode View Post
If new technological advances in forensics allow releases for those originally found guilty and wrongfully imprisoned, it should also imprison those aquitted when forensics can without a doubt prove their guilt.
But that concept flies in the face of the heart of the founding of this country. The onus is on the government to prove guilt of the individual, not the other way around.
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Old 09-19-2011, 06:59 PM
 
Location: Ohio
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Originally Posted by Magritte25 View Post
But that concept flies in the face of the heart of the founding of this country. The onus is on the government to prove guilt of the individual, not the other way around.
But you have to remember, at the time of the founding of this country, we didn't have near the technology that we do now. At THAT time, I believe the law was appropriate, but, now, I think under certain circumstances, exceptions should be able to be made.
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Old 09-19-2011, 07:01 PM
 
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Originally Posted by WhipperSnapper 88 View Post
But you have to remember, at the time of the founding of this country, we didn't have near the technology that we do now. At THAT time, I believe the law was appropriate, but, now, I think under certain circumstances, exceptions should be able to be made.

I support the Founding Fathers' vision of this country and the reasoning for it. That has not changed.
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Old 09-19-2011, 07:11 PM
 
Location: Ohio
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Originally Posted by Magritte25 View Post
I support the Founding Fathers' vision of this country and the reasoning for it. .
As do I. But, I am willing to recognize that as the times change, so to should the processes in which this nation conducts itself.

New advances should allow for a better and more eficient system of things.
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Old 09-19-2011, 07:26 PM
 
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Originally Posted by WhipperSnapper 88 View Post
As do I. But, I am willing to recognize that as the times change, so to should the processes in which this nation conducts itself.

New advances should allow for a better and more eficient system of things.
But it should not supersede the document that our entire country is built on.
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Old 09-19-2011, 09:21 PM
 
Location: Ohio
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Originally Posted by Magritte25 View Post
But it should not supersede the document that our entire country is built on.
I agree. However, there are amendments made to the constitution from time to time. Like another poster said, IF this change were to occur, 3/4 of the states would have to agree on it. If they did, then that would mean that we, collectively as a nation, accept the amendment. I would even go as far as to say that all 50 states should have to agree on such a change.


Quote:
Originally Posted by AnnaNomus View Post
.
One case I know of in particular comes to mind where I wish the double jeopardy law could have been revisited, the case of Brenda Sue Schaefer who was tortured and murdered by her ex boyfriend who was acquitted at trial, then after the acquittal they found photographs that were taken of her being tortured. That was a horrible, horrible miscarriage of justice...he was convicted of perjury and did like 8 or 10 years.
.
Wow, that is something. I wouldn't agree to overturning a not guilty verdict based on picture evidence though, much to easy to fake them. That is, unless there would be a way to 100% prove that the photos weren't altered in any way.
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Old 09-19-2011, 11:17 PM
 
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No!
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Old 09-20-2011, 07:46 AM
 
Location: Neither here nor there
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Quote:
Originally Posted by markg91359 View Post
Changing the double jeopardy clause would require not only a vote of Congress, but would require 3/4's of the states to ratify the amendment as well. Whether or not its a good idea (I don't think it is) its a waste of time to think about it. Its not going to pass all those hurdles. Heck, this country couldn't even pass an amendment that was going to guarantee women equal rights. Does anyone remember the ERA debacle of the 1970's?

Let's assume you did change it. Should the state get two, three, four, or unlimited attempts to prosecute someone for the same crime? I mean pretty soon a prosecutor might post a sign over his door that says "We'll get you sooner or later!".

That's exactly what I was thinking, too. It would require a constitutional amendment--a hurdle not easily overcome.

Many people would like to see a term limits constitutional amendment for Congress but that will never happen either.
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Old 09-20-2011, 08:20 AM
 
Location: Beautiful Niagara Falls ON.
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You may not know this but we have no such law in Canada. Because we have a pretty reasonable justice system it rarely gets abused. However on a couple of cases that I can remember there was abuse for sure. Under our system you can be tried over and over again for the same crime. If some prosecuter for some reason thinks you are guilty he can appeal a not guilty verdict and get another shot at you i the appeal is granted. One poor guy got tried 3 times for murdering the little girl who lived next door. It was horrible. They really did not have any evidence they for some reason just thought the guy must have done it. He eventually sued the crown and was given something like 10 million dollars. That is one big difference here. If ou are wrongly convicted or abused by the jutice system the compensation seems to be between one to two million a year that you spent in jail.

Having said all of that I would say that it would be a disaster if you could be tried more than once in the USA. The justice system is already out of control and there are so many innocent people railroaded by the "Political" justice system you have in the USA.
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