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Has Obama, the scholar of the Constitution, ever heard of Double Jeopardy?

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posted on Jul, 9 2010 @ 03:32 PM
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So, Eric Holder and the Justice Department is going to conduct an independent investigation into the Johannes Mehserle case to see if it further warrants federal prosecution.


"The Justice Department has been closely monitoring the state's investigation and prosecution," the department said in a statement.

"The Civil Rights Division, the U.S. Attorney's Office, and the FBI have an open investigation into the fatal shooting and, at the conclusion of the state's prosecution, will conduct an independent review of the facts and circumstances to determine whether the evidence warrants federal prosecution."


abclocal.go.com...

I know Mehserle is an idiot but he got his day in court. That is how our system, like it or not, operates. He was convicted of Involuntary Manslaughter instead of murder. Case closed and on to the sentencing.

Why a federal investigation now?? According to our Bill of Rights Mehserle cannot be tried again for the same crime. Are they digging for new charges in order to garner more punishment??

What is going on here??


The double jeopardy rule arises from the Fifth Amendment to the United States Constitution, the relevant clause of which reads: "[no person shall] be subject for the same offense to be twice put in jeopardy of life or limb".

This clause is intended to limit abuse by the government in repeated prosecution for the same offense as a means of harassment or oppression. It is also in harmony with the common law concept of res judicata which prevents courts from relitigating issues which have already been the subject of a final judgment.

There are three essential protections included in the double jeopardy principle, which are:

* being tried for the same crime after an acquittal
* retrial after a conviction, unless the conviction has been reversed, vacated or otherwise nullified
* being punished multiple times for the same offense

en.wikipedia.org...


[edit on 9-7-2010 by jibeho]

[edit on 9-7-2010 by jibeho]




posted on Jul, 9 2010 @ 03:51 PM
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Maybe the jurors were threatened?

I think the verdict is a little fishy myself.



posted on Jul, 9 2010 @ 03:57 PM
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It's all about getting votes. Nothing else.

Notice they aren't too concerned about how WHITE people feel about the new sheriff in town. Had they been, they maybe would have properly presecuted the New Black Panther case in Philly.

I am sick of these aholes. November can't come soon enough to start the downfall of these freaks.

Give me BUSH anytime over these. No, make that PALIN. Again, this crap wouldn't be going on if McCain /Palin won.

How's then Hope and Change working for you Dumbocrates?

PS. Awesome pic there in the mini.



posted on Jul, 9 2010 @ 03:58 PM
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Keep your shorts on; it is unlikely anything will come from this Federal investigation. They are doing it to keep the peace and score political brownie points with the people who voted them into office.

When the case is forgotten about and everyone has moved on, the Government will quietly announce on page 93 of some newspaper nobody reads that no further prosecution of the alleged murderer will be necessary.



posted on Jul, 9 2010 @ 04:02 PM
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Originally posted by jibeho
So, Eric Holder and the Justice Department is going to conduct an independent investigation into the Johannes Mehserle case to see if it further warrants federal prosecution.


"The Justice Department has been closely monitoring the state's investigation and prosecution," the department said in a statement.

"The Civil Rights Division, the U.S. Attorney's Office, and the FBI have an open investigation into the fatal shooting and, at the conclusion of the state's prosecution, will conduct an independent review of the facts and circumstances to determine whether the evidence warrants federal prosecution."


abclocal.go.com...

I know Mehserle is an idiot but he got his day in court. That is how our system, like it or not, operates. He was convicted of Involuntary Manslaughter instead of murder. Case closed and on to the sentencing.

Why a federal investigation now?? According to our Bill of Rights Mehserle cannot be tried again for the same crime. Are they digging for new charges in order to garner more punishment??

What is going on here??


The double jeopardy rule arises from the Fifth Amendment to the United States Constitution, the relevant clause of which reads: "[no person shall] be subject for the same offense to be twice put in jeopardy of life or limb".

This clause is intended to limit abuse by the government in repeated prosecution for the same offense as a means of harassment or oppression. It is also in harmony with the common law concept of res judicata which prevents courts from relitigating issues which have already been the subject of a final judgment.

There are three essential protections included in the double jeopardy principle, which are:

* being tried for the same crime after an acquittal
* retrial after a conviction, unless the conviction has been reversed, vacated or otherwise nullified
* being punished multiple times for the same offense

en.wikipedia.org...


[edit on 9-7-2010 by jibeho]

[edit on 9-7-2010 by jibeho]


wow i did not even thing about that. nice find!



posted on Jul, 9 2010 @ 04:05 PM
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and just because double jeopardy dosen't mean they wont take him to the cleaners for everything he or his family are worth,and if i had to hazzard a guess it would be a civil rights violation charge levied against him not additional murder charges so the double jeopardy charges wont matter or even be relevent

murder charge was set for involuntarily manslaughter not a civl rights charge so its not violating anything

if im wrong im sorry just sharing my limited knowledge of legal proceedings and will be glad to learn if i am wrong thank u good day



posted on Jul, 9 2010 @ 04:11 PM
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Double jeapordy does not apply.

You can have two seperate cases. One state and one federal.

That at least is about the only thing they are right about. They could get the officer for something like a federal civil rights case, something like the officer did not allow the person their Constitutional rights to a fair trial by killing him.

You KNOW, instead of protecting our borders, investigating the lawyer held in L.A. for over a year that is being held without trial that was going against corrupt judges, prosecuting banker thieves, investigating corruption and collusion in government, giving a sentence to people threatening voters with genocide or maybe doing the JOBS laid out in the CONSTITUTION.

NO, better to politicize a trial that ACTUALLY, IMO, came to the correct conclusion. Depending on the sentencing, the defendant could get something like 12-18 years wasn't it? Of course in LibCali that translates into 2 months with good behavior.



posted on Jul, 9 2010 @ 04:13 PM
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reply to post by jibeho
 


Yes, I also brought the issue of double jeopardy up on another thread on the trial and verdict.

Now that the prosecution is over, the persecution can begin by our black president - obama, our black attorney general - holder, and the local black congresswoman - lee. Basically, the same people that decided NOT to prosecute the black panthers.

And EVERYONE understands that this will be done for no other purpose than to PANDER for african-american votes.

Same reason AZ is being sued over their anti-illegals law to pander to hispanic voters.

Dems must be really scarred sh**less over the November election.




[edit on 7/9/2010 by centurion1211]



posted on Jul, 9 2010 @ 04:27 PM
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Originally posted by centurion1211


Now the the prosecution is over, the persecution can begin by our black president - obama, our black attorney general - holder, and the local black congresswoman - lee.


Nice....

Isn't this the point in the thread where you accuse someone else of interjecting race into the discussion.

Even for you Cent...this was a pretty ugly post.

As to the rest...Lest you folks think that our Attorney General skipped school the day "Double Jeopardy" was covered...The Feds routinely examine these high profile "racially charged" cases when asked.

If charges are filed at the Federal level, it would not be for "murder", but rather civil rights violations. In order for that to happen there would have to be evidence that this was racially motivated.

The officer claims he was raching for his taser and accidentally drew and fired his pistol, thus appearing like it was an execution style killing.

NO DOUBLE JEOPARDY INVOLVED.



posted on Jul, 9 2010 @ 10:41 PM
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reply to post by maybereal11
 


Hey, maybe you should give me a LITTLE credit with agreeing with you?

Of course, federal judiciary rarely has anything to do with justice, does it?

It is usually restricted to politicization. Right? or Left?


Sorry, could not help that.

I have come to a conclusion, it is all about CHOICE. Period.

Do I have a choice to my endeavors? Do I have a choice about my life? Do I have a choice about my children's lives?

PERIOD. Do I have a choice? About everything?

It all comes down to CHOICE!



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