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SCOTUS Again Upholds Double Prosecution and Punishment for the Same Crime (6-3 Gorsuch teams with Kagan and Sotomayor)
Townhall ^ | 6/22/22 | Jacob Sullum

Posted on 06/22/2022 12:43:06 PM PDT by Michael.SF.

The federal government prosecuted Merle Denezpi twice for the same crime. It also punished him twice: the first time with 140 days in a federal detention center, the second time with a prison sentence more than 70 times as long.

Although that may seem like an obvious violation of the Fifth Amendment's ban on double jeopardy, the Supreme Court last week ruled that it wasn't. As the six justices in the majority saw it, that puzzling conclusion was the logical result of the Court's counterintuitive precedents on this subject.

The Fifth Amendment says no person shall "be subject for the same offence to be twice put in jeopardy of life or limb." But under the Court's longstanding "dual sovereignty" doctrine, an offense is not "the same" when it is criminalized by two different governments.

That doctrine allows serial state and federal prosecutions for the same crime, opening the door to double punishment or a second trial after an acquittal. Although neither seems just, the Court says both are perfectly constitutional.

The justices reaffirmed that view in a 2019 case involving a man with a felony record who was convicted twice and punished twice for illegally possessing a gun -- first in state court, then in federal court. Although the elements of the crime were the same in both cases, the majority said, the two prosecutions did not amount to double jeopardy because they involved two different "sovereigns."

(Excerpt) Read more at townhall.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; News/Current Events
KEYWORDS: 5thamendment; alfordplea; bloggers; defundthepolice; doublejeopardy; fifthamendment; indianvsindian; lookwhohatescops; merledenezpi; navahonation
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To: Truthsearcher

“The Constitution never gave the Federal government police powers.”

Tell that to the FBI.

In any event, there are state actions and federal actions; the state pursues those that fall under state jurisdiction and the feds pursue those that fall under federal jurisdiction.


41 posted on 06/22/2022 1:32:54 PM PDT by ought-six (Multiculturalism is national suicide, and political correctness is the cyanide capsule. )
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To: Michael.SF.

Easily fixed. If a state can prosecute, the feds should not. Eliminate any federal law that is already covered by state laws or jurisdictions.


42 posted on 06/22/2022 1:33:34 PM PDT by Twotone (While one may vote oneself into socialism one has to shoot oneself out of it.)
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To: Dilbert San Diego

“Ditto OJ Simpson, sued for wrongful death in civil court after his acquittal in the criminal trial.”

The Simpson case involves civil and criminal trials. The burden of proof for civil cases is lower, hence the different verdicts.


43 posted on 06/22/2022 1:33:57 PM PDT by beef (Let’s go Baizuo!)
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To: Michael.SF.

“for the same offence to be twice”

Tohmaytoe-Tomaahtoe
Pohtaytoe-Potaahtoe

Theft vs Robbery
State vs Federal

Why not Hamlet vs Village vs Town vs City vs County vs . . .

Just keep making shiiite up til you can imprison everybody.


44 posted on 06/22/2022 1:39:30 PM PDT by Macoozie (Handcuffs and Orange Jumpsuits)
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To: HamiltonJay
Doesn’t sound like it to me. States are NOT subservient to the Federal Government. You violate a state law that is also a federal law, you have 2 completely different governments charging you independently Nothing complicated about this at all, nor is it a violation of the constitution.

The problem with your reasoning is the 10th Amendment. If a state is allowed to prosecute a specific crime, then the Feds shouldn't be involved in any manner.

45 posted on 06/22/2022 1:39:45 PM PDT by aimhigh (THIS is His commandment . . . . 1 John 3:23)
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To: Lockbox
The criminal was convicted by a Native American court and sentenced to 5 months. The court could not sentence more than 12 months. Then the US government got into the act, so technically two different nations, same crime.

Not quite. The conviction was in a special federal court that administers triable law where there is no tribal court. The second trial was in a federal district court. The prosecutor was the same in both cases and elements of the crime were the same in each case. Basically, the same federal prosecuted prosecuted the same person for the same crime in a federal court.

46 posted on 06/22/2022 1:40:16 PM PDT by Labyrinthos
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To: GreenLanternCorps
This, the act or acts violate multiple laws of two sovereigns.

The United States is made up of 50 sovereign states. A conviction in one state for a specific act or crime should act as a bar to all other states and the federal government. And a conviction in federal court would be a a conviction by all states.

47 posted on 06/22/2022 1:41:21 PM PDT by P-Marlowe (I got the <ΙΧΘΥΣ>< variant. Catch it. John 3:16)
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To: Michael.SF.

Easy way to nail political prisoners.


48 posted on 06/22/2022 1:41:36 PM PDT by kenmcg (tHE WHOLE )
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To: Michael.SF.

And this ruling is why the States should have much more power than the fed gov. No reason to punish folks twice.


49 posted on 06/22/2022 1:45:54 PM PDT by trailboss800
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To: HamiltonJay
States are NOT subservient to the Federal Government.

Under the Constitution the Federal Government is subservient to the states. The Federal government is a creation of the states. And no, you don’t have two separate governments charging you. You have THE government charging you. There may be two venues, but there is only one government.

50 posted on 06/22/2022 1:47:35 PM PDT by P-Marlowe (I got the <ΙΧΘΥΣ>< variant. Catch it. John 3:16)
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To: SoConPubbie
Denezpi v. United States
51 posted on 06/22/2022 1:49:45 PM PDT by Carl Vehse (A proud member of the LGBFJB community)
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To: ought-six

That’s the problem with federal overreach.


52 posted on 06/22/2022 1:50:57 PM PDT by nicollo (the rule of law is not arbitrary)
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To: Michael.SF.

So, you could be accused of the same crime by your local HOA, township, county, city, state, the feds, a couple of whatever fed and state taxing districts, etc. all for the same crime of jaywalking?


53 posted on 06/22/2022 1:54:41 PM PDT by glorgau
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To: Michael.SF.

Sounds like double Jeopardy to me too.

I think there should be coordination between the two sovereigns. Either the Feds prosecute or the state prosecutes but not both.

Save thing with civil courts vs Criminal courts. When it involves a crime, I don’t think there should be a lower standard for civil action than criminal action. No conviction for the crime should me no civil action.


54 posted on 06/22/2022 1:55:24 PM PDT by DannyTN
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To: RetiredTexasVet

That’s how I see hate crimes - an excuse for double-jeopardy. An excuse to persecute “non-minorities”.


55 posted on 06/22/2022 1:57:09 PM PDT by GOP_Party_Animal
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To: HamiltonJay

- World Court prosecution.
- Federal US Court prosecution.
- State Court prosecution.
- County Court prosecution.
- City Court prosecution.
- Precinct Court prosecution.

I mean hell, we GOTTA be able to nail someone with six seperate prosecutions!!!!


56 posted on 06/22/2022 1:59:53 PM PDT by Lazamataz (The firearms I own today, are the firearms I will die with. How I die will be up to them.)
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To: P-Marlowe
The United States is made up of 50 sovereign states. A conviction in one state for a specific act or crime should act as a bar to all other states and the federal government. And a conviction in federal court would be a a conviction by all states.

I'd agree but I would say it about PROSECUTIONS, not CONVICTIONS.

57 posted on 06/22/2022 2:01:01 PM PDT by Lazamataz (The firearms I own today, are the firearms I will die with. How I die will be up to them.)
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To: Michael.SF.

Have we figured out yet that the US Constitition does not exist or is never enforced except when those in power demand it be enforced?


58 posted on 06/22/2022 2:03:34 PM PDT by joma89 (Buy weapons and ammo, folks, and have the will to use them.)
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To: Skywise

BARRETT, J., delivered the opinion of the Court, in which ROBERTS,
C. J., and THOMAS, BREYER, ALITO, and KAVANAUGH, JJ., joined. GOR-
SUCH, J., filed a dissenting opinion, in which SOTOMAYOR and KAGAN, JJ.,
joined as to Parts I and III. https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.supremecourt.gov/opinions/21pdf/20-7622_ljgm.pdf&ved=2ahUKEwizvdex-8H4AhXEATQIHUNCBPsQFnoECAUQAQ&usg=AOvVaw0UKjaiVvewU2yBkKbsDms9


59 posted on 06/22/2022 2:10:41 PM PDT by PghBaldy (12/14/12 - 930am -rampage begins... 12/15/12 - 1030am - Obama team scouts photo-op locations.)
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To: Michael.SF.

The USSC has toilet paper in their bathrooms that has the constitution printed on it.


60 posted on 06/22/2022 2:19:40 PM PDT by Revel
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