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  1. #11
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    kazenatsu's Avatar
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    I agree, there's a big problem with infringements on Double jeopardy.

    Not only can you be charged with the same crime subsequently in different courts (different states and federal court), but someone can also be tried multiple times for the same crime in the same court if there are different laws that cover the same crime. There was a Supreme Court case on this that ruled it wasn't unconstitutional. Very concerning.


    link that covers some real world applications of this problem:
    Multiple Charges for the Same Crime
    Last edited by kazenatsu; 05-23-2019 at 10:20 PM.

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    Quote Originally Posted by patrickt View Post
    They write laws faster than I can read them. I think that's the plan. Our city ordinance book was three inches thick. State Statutes took up volumes.
    There are often multiple criminal statutes covering the same crime. This wasn't necessarily intentional, per se, it's just a result of lots of laws getting passed over the years and accumulating.

    The problem with that is that then an accused criminal can get an endless list of charges thrown at them for a single crime. Even a relatively minor crime could theoretically end up meaning effective life in prison, if the prosecutor really wanted to file all possible charges, the discretion is all left up to the judge.
    Prosecutors very commonly use this to scare defendants into plea bargains.

    Charge Stacking: Gambling with People's Lives
    Last edited by kazenatsu; 05-23-2019 at 10:37 PM.

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    Remember Scooter Libby

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    Quote Originally Posted by kazenatsu View Post
    There are often multiple criminal statutes covering the same crime. This wasn't necessarily intentional, per se, it's just a result of lots of laws getting passed over the years and accumulating.

    The problem with that is that then an accused criminal can get an endless list of charges thrown at them for a single crime. Even a relatively minor crime could theoretically end up meaning effective life in prison, if the prosecutor really wanted to file all possible charges, the discretion is all left up to the judge.
    Prosecutors very commonly use this to scare defendants into plea bargains.

    Charge Stacking: Gambling with People's Lives
    I went through the ordinance book, before computers would search for you, and discovered noise ordinances that prohibited intermittent noise and another that prohibited rhythmic noise. There were others which prohibited dogs barking and loud music.

    While I was working there was a push to prevent a pipe factory from working at night because as they moved pipes they would clink. There were no homes within a half-mile but someone couldn't sleep because of the clinking.

    An interesting fact is that none of the noise ordinances included restrictions by time of day. Supposedly, three p.m. was to be as quiet as 3 a.m.

    It gets crazy.

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    Quote Originally Posted by Foghorn View Post
    Remember Scooter Libby
    Scooter Libby was a victim of the "lying to investigators" rule.

    Charge stacking comes from the insidious practice of plea bargaining. The prosecution wants to force the defendant, who is presumed at this point to be innocent, to plead guilty and take five years instead of a threatened 500 years.

    There are logical reasons to charge First Degree Murder, Second Degree Murder, and Manslaughter because the requirements for each are different although all require the taking of a life. But, to charge First Degree Murder and 126 counts of lying to investigators is ludicrous.

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