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In reply to the discussion: It's simple. The government needs to give these domestic terrorists an ultimatum: vacate in 24 hours [View all]GGJohn
(9,951 posts)179. Here's what I found.
http://criminal.findlaw.com/criminal-rights/charged-twice-in-different-states.html
Although I don't think this applies here, from my understanding, the judge ruled that the other judge didn't sentence them to the appropriate time so he added on more time.
Can I Be Charged Twice for the Same Crime in Different States?
While you cannot be charged twice in one state for a crime that you were acquitted or convicted of, you may be charged twice in different states for the same crime. For instance, your conduct can be treated as two (or more) separate criminal acts if that conduct violated the laws of more than one state. Furthermore, if that conduct was a federal offense, you may be tried and convicted in both a state and federal court. This is known as the "dual sovereignty doctrine," and it is an exception to the "Double Jeopardy Clause" of the U.S. Constitution.
Double Jeopardy The constitutional protection against double jeopardybeing charged twice for the same criminal actprevents prosecutors from repeatedly bringing charges against a defendant in hopes of eventually getting a guilty verdict. While double jeopardy is a common law concept dating back to Ancient Greece, it is guaranteed in the U.S. by the Fifth Amendment. But if a single act violates the law of two states, the law treats the act as separate offenses and thus not in conflict with the Double Jeopardy Clause. A second state with a case against a defendant may decide that a conviction in the first state is sufficient, so it does not necessarily mean more than one state will bring charges. Therefore, it is up to the discretion of the particular prosecutor, as with other criminal cases.
While you cannot be charged twice in one state for a crime that you were acquitted or convicted of, you may be charged twice in different states for the same crime. For instance, your conduct can be treated as two (or more) separate criminal acts if that conduct violated the laws of more than one state. Furthermore, if that conduct was a federal offense, you may be tried and convicted in both a state and federal court. This is known as the "dual sovereignty doctrine," and it is an exception to the "Double Jeopardy Clause" of the U.S. Constitution.
Double Jeopardy The constitutional protection against double jeopardybeing charged twice for the same criminal actprevents prosecutors from repeatedly bringing charges against a defendant in hopes of eventually getting a guilty verdict. While double jeopardy is a common law concept dating back to Ancient Greece, it is guaranteed in the U.S. by the Fifth Amendment. But if a single act violates the law of two states, the law treats the act as separate offenses and thus not in conflict with the Double Jeopardy Clause. A second state with a case against a defendant may decide that a conviction in the first state is sufficient, so it does not necessarily mean more than one state will bring charges. Therefore, it is up to the discretion of the particular prosecutor, as with other criminal cases.
Although I don't think this applies here, from my understanding, the judge ruled that the other judge didn't sentence them to the appropriate time so he added on more time.
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It's simple. The government needs to give these domestic terrorists an ultimatum: vacate in 24 hours [View all]
Drunken Irishman
Jan 2016
OP
"openly looking to attack the government" by breaking into an empty building and sitting there?
arcane1
Jan 2016
#3
My solution is to send in armed federal troops wearing body armor to peacefully remove them.
MohRokTah
Jan 2016
#99
So you want to escalate the situation so that there will be violence and killing?
GGJohn
Jan 2016
#100
Yeah, because those children and women deserved to die because of.................
GGJohn
Jan 2016
#107
David Koresh was responsible for every death, not the federal government. eom
MohRokTah
Jan 2016
#109
The Feds didn't have to assault the compound like they did, they could have waited a few more
GGJohn
Jan 2016
#111
You are one sick puppy if you believe that killing is preferable to negotiations
GGJohn
Jan 2016
#122
The incident was escalated by the terrorists when they took over the building while armed.
MohRokTah
Jan 2016
#139
So you want to escalate it into a possible shootout to satisfy your desire for bloodshed?
GGJohn
Jan 2016
#141
Funny, I'll bet that most of those advocating violence to end this occupation have
GGJohn
Jan 2016
#156
Probably not...but I tire of them thumbing their nose at the government.
Drunken Irishman
Jan 2016
#9
Whatever you do, don't let the delivery guy from Domino's or Wok This Way pass in any food!
MADem
Jan 2016
#57
Shut off power and water, block access and wait. Pretty sure they didn't take unlimited supplies
peacebird
Jan 2016
#68
And very loud, non-stop music. 48 hours of Rick Astley should do it. nt
JustABozoOnThisBus
Jan 2016
#74
We don't need to create a bunch of martyrs. We can arrest them the slow, boring way.
pnwmom
Jan 2016
#60
Their (Waco) death is on Koresh's hands not "ours." Your kind of thinking is what motivated
CBGLuthier
Jan 2016
#28
No, the OP said we took care of the situation, your post said "we" burned children to death
CBGLuthier
Jan 2016
#36
DQ from your post, '"We" burned children to death in Waco. Is that a good thing?'
CBGLuthier
Jan 2016
#38
No, David Koresh and his band of religious wack-a-loons burned children to death
Jake Stern
Jan 2016
#148
The OP is wasted and trolling. No need to take them seriously or support them. n/t
arcane1
Jan 2016
#12
The OP would prefer to make liberals look bad by pretending they are advocating murder.
arcane1
Jan 2016
#24
Once they have been convicted of terrorism, they will lose their gun rights. How delicious!
LonePirate
Jan 2016
#35
siege them. cut off the power, water, and seek them up. they can breath, but thats it.
pansypoo53219
Jan 2016
#51
Convict them in absentia and peacefully seize their livestock and vehicles while they're "away."
ucrdem
Jan 2016
#53
After 24 hours, cut off all electricity and water and chain the doors shut from the outside
egold2604
Jan 2016
#64
I say we build a wall around it and call it the new Oregon Federal Penitentury. nt
bklyncowgirl
Jan 2016
#78
The issue with any kind of gas there would be getting it in the building.
Lizzie Poppet
Jan 2016
#161
Did they forget women and children to hide behind? That's what they usually do.
brewens
Jan 2016
#130
Good points, but when they surrender, how about Guantanamo since most of them have declared
JCMach1
Jan 2016
#149
I think you can be tried and sentenced by multiple jurisdictions for the same crime. n/t
cheapdate
Jan 2016
#174