tazzygirl -> RE: UNMODERATED ZIMMERMAN (7/20/2013 5:05:36 PM)
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quote:
There's a reason they put the "double-jeopardy" provision in, and that's to prevent exactly what's happening here. It doesn't matter how you "feel" about it, the jury has voted, and it's done. Accept it. Because if this is allowed to continue, we'll have a legal precedent for mob rule. Is that what you want? United States v. Lanza, 260 U.S. 377 (1922). We have here two sovereignties, deriving power from different sources, capable of dealing with the same subject matter within the same territory. Each may, without interference by the other, enact laws to secure prohibition, with the limitation that no legislation can give validity to acts prohibited by the amendment. Each government, in determining what shall be an offense against its peace and dignity, is exercising its own sovereignty, not that of the other. It follows that an act denounced as a crime by both national and state sovereignties is an offense against the peace and dignity of both, and may be punished by each. The Fifth Amendment, like all the other guaranties in the first eight amendments, applies only to proceedings by the federal government, Barron v. City of Baltimore, 7 Pet. 243, and the double jeopardy therein forbidden is a second prosecution under authority of the federal government after a first trial for the same offense under the same authority. Here, the same act was an offense against the state of Washington, because a violation of its law, and also an offense against the United States under the National Prohibition Act. The defendants thus committed two different offenses by the same act, and a conviction by a court of Washington of the offense against that state is not a conviction of the different offense against the United States, and so is not double jeopardy. This view of the Fifth Amendment is supported by a long line of decisions by this Court. In Fox v. Ohio, 5 How. 410, a judgment of the Supreme Court of Ohio was under review. It affirmed a conviction under a state law Page 260 U. S. 383 http://supreme.justia.com/cases/federal/us/260/377/case.html What law are they subverting?
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