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originally posted by: Sremmos80
a reply to: Vector99
Also this isn't cut and dry double jeopardy, they are not getting tried and charged again for the same crime.
The U.S. Supreme Court has also ruled that criminal sentences that are inhuman, outrageous, or shocking to the social conscience are cruel and unusual. Although the Court has never provided meaningful definitions for these characteristics
Can't find the info but you know it is out there.... Well in the mean time might as well talk about it as if it is a fact!
Although the Court has never provided meaningful definitions for these characteristics
There's more truth to that which I think needs to be known and I don't understand why it's not getting more attention in this public scrutiny/dialogue:
With the lowdown dirty tactics being used by the Feds, I understand why the Hammonds (as well as the locals) are afraid to speak out.
Too many turn a blind eye to the crimes of the feds while applauding the persecution of the little guy.
originally posted by: Sremmos80
a reply to: Vector99
Nope, not punished twice, it is an extension of the original punishment, or a fulfillment of what it should have been.
This is an interesting case, one I agree deserves more looking into to. But at this point the judges doing so have agreed that what was originally done was not legal and what is being done now is.
Although the Court has never provided meaningful definitions for these characteristics
This is very important, the vagueness goes both ways.
Medenbach, 62, was detained outside a Safeway supermarket in Burns, Oregon, some 30 miles from the Malheur national wildlife refuge, according to a statement from the Harney County sheriff’s office.
He appears to have driven from the occupied compound to a local supermarket in a vehicle allegedly stolen from the US Fish and Wildlife Service, which runs the refuge. The sheriff’s office statement said that law enforcement officers recovered “two vehicles stolen from the Malheur National Wildlife Refuge”.
Then in August 2006, lightning sparked several fires near the spot where the Hammonds grew their winter feed. Steven Hammond set a back-burn to thwart the advancing flames, and it burned across about an acre of public land, according to federal court records.
But in September 2001, the Hammonds started another fire. This one ran off their property on Steens Mountain, consumed 139 acres of public land and took the acreage out of production for two growing seasons, according to court papers.
A jury in June 2012 found the Hammonds guilty of arson for the 2001 blaze that came to be called the Hardie-Hammond Fire. Steven Hammond also was convicted for arson in the 2006 Krumbo Butte Fire.
Punishing someone for something they already were punished for is the definition of double jeopardy.
Multiple judges disagree with what the judge did, are they just liberty hating no good commies?
Or could it be they know bit more then me and you.
The state had the right to appeal the sentence initially, but they chose not to.
Government lawyers appealed the sentence, saying it wasn't stiff enough.
In February 2014, a three-judge panel from the 9th U.S. Circuit Court of Appeals agreed.
"A minimum sentence mandated by the statute is not a suggestion that courts have discretion to disregard," Judge Stephen J. Murphy III wrote in the opinion. Murphy noted that even a fire in a remote area such as Harney County had the potential to spread and threaten the lives of residents and crews called out to battle the fire.
The appeals court ruled that the Hammonds must be returned to the district court for resentencing.
are you from there? or even close? so it pisses you off who the fug are you to judge the actions of another? i think if your that upset you might try looking into yourself to find the issue
originally posted by: Vector99
originally posted by: Sremmos80
a reply to: Vector99
The Hammonds don't want these guys there , the town doesn't want them there, who are they fighting for?
I wish the damn militia would go home. They did their job and brought attention to the Hammond's. Now they are staying and being a bunch of asses, completely contradicting their original purpose by constantly detracting from the initial purpose...THAT pisses me off like no other.