"Bill Graham" <
we...@comcast.net> wrote in
news:7t-dnS9QOLSKOwTN...@giganews.com:
> RD Sandman wrote:
>> "Bill Graham" <
we...@comcast.net> wrote in
>>
news:14qdnSiSZoKsWwXN...@giganews.com:
>>
>>> RD Sandman wrote:
>>>> "Bill Graham" <
we...@comcast.net> wrote in
>>>>
news:yPidnSr-pvr0igrN...@giganews.com:
>>>>
>>>>> BeamMeUpScotty wrote:
>>>>>>>> On 11/4/12 12:53 PM, RD Sandman wrote:
>>>>>>>>> BeamMeUpScotty <
ThenDestro...@blackhole.nebulax.com>
>>>>>>>>> wrote in
news:5095BD0...@blackhole.nebulax.com:
>>>>>>>>>
>>>>>>>>>>> It is possible to be tried twice for the same crime, once by
>>>>>>>>>>> the feds and once by a state. It's not routine, and twice
>>>>>>>>>>> is the limit. Please support your contention with evidence.
>>>>>>>>>>>
>>>>>>>>>>
>>>>>>>>>> ["....
>>>>>>>>>>
>>>>>>>>>>
>>>>>>>>>> Amendment V
>>>>>>>>>>
>>>>>>>>>> No person shall be held to answer for a capital, or otherwise
>>>>>>>>>> infamous crime, unless on a presentment or indictment of a
>>>>>>>>>> Grand Jury, except in cases arising in the land or naval
>>>>>>>>>> forces, or in the Militia, when in actual service in time of
>>>>>>>>>> War or public danger;
>>>>>>>>>> *nor shall any person be subject* for the *same offence* to
>>>>>>>>>> be *twice* put in *jeopardy* *of life or limb* ; nor shall be
>>>>>>>>>> compelled in any criminal case to be a witness against
>>>>>>>>>> himself, nor be deprived of life, liberty, or property,
>>>>>>>>>> without due process of law; nor shall private property be
>>>>>>>>>> taken for public use, without just compensation.
>>>>>>>>>>
>>>>>>>>> You can cite the Constitution but you don't seem to understand
>>>>>>>>> it.
>>>>>>
>>>>>> I cited it because you ignore it. What if the crime is murder,
>>>>>> you can't be tried for murdering the same person twice since you
>>>>>> can only kill them once.
>>>>>>
>>>>>> But You want to let the Feds prosecute and then let the State
>>>>>> also prosecute for the same murder.... but wasn't it you telling
>>>>>> us that Federal law always trumps State laws? You know "The
>>>>>> Supremacy clause"? So that would mean once the Feds take the
>>>>>> case on "then the State charging that person with murder is
>>>>>> violating the supremacy clause" like the Arizona law interfered
>>>>>> with Federal immigration law.
>>>>>>
>>>>>>
>>>>>> If you are going to claim "The Supremacy Clause" to end
>>>>>> conflicting State and Federal laws then you have to use it
>>>>>> everywhere the Feds have Jurisdiction. Any time the Feds enter
>>>>>> the case then the State can NOT bring that person up on the same
>>>>>> charges as the Feds, just like immigration.... You can't break a
>>>>>> state and a federal law according to Liberals and their
>>>>>> "interpretation" of the Supremacy Clause.
>>>>>>
>>>>>>
>>>>>> Now if you want to drop the Liberal's own interpretation......
>>>>>
>>>>> Its a good thing OJ didn't kill a sailor or a postman along with
>>>>> his Ex and Ron Goldman, or he would have been tried three times,
>>>>> for the same crime.....
>>>>
>>>> He wasn't tried twice for the same crime. He was charged with
>>>> different offenses in the same incident. He was tried criminally
>>>> by the state for the murder of his wife, Nicole and Ron Goldman.
>>>> He was adjudicated not guilty. He was then charged **civilly** by
>>>> the Goldman family for actions resulting in the wrongful death of
>>>> their son, Ron.
>>>>
>>>> The charge of murder, brought by the State of California since it
>>>> is felony murder is a state crime, is a criminal charge which can
>>>> result in the death penalty or imprisonment.
>>>>
>>>> The charge of actions resulting in a wrongful death is a **civil**
>>>> charge, since it is a compensatory claim not a crime, which can and
>>>> did end in a financial settlement.
>>>>
>>>> Criminal charges usually result in the possibility of death or
>>>> imprisonment and civil charges are for financial compensation.
>>>>
>>>> Even the jury vote is different. In a criminal trial, a unanimous
>>>> verdict is required or you have a hung jury, in a civil trail, it
>>>> is preponderence of the evidence and a majority vote from the jury.
>>>>
>>>> Two different offenses, two different venues, in OJ's case, two
>>>> different results.
>>>
>>> The problem is, If he was not guilty in the first trial, then how
>>> can he be responsible for damages in the second. This is not
>>> logical.
>>
>> It most certainly is. He was found not guilty. He was NOT found
>> innocent. This means that the procecution failed in its job to prove
>> guilt beyond a reasonable doubt, not that OJ did not commit the
>> crimes.
>>
>>> Logically, they should not be able to try him in cival court for
>>> responsibility unless he was found guilty in the criminal court
>>> before the fact. This is what I find so objectionable.
>>
>>
>> Why? Are you saying that because Ms. Clark screwed up and couldn't
>> obtain a conviction that OJ couldn't be sued in civil court?
>>
>> A just of his peers,
>>> after hearing all the evidence against him,voted UNANIMOUSLY against
>>> his guilt in the first trial. So give me the logic behind finding
>>> him responsible for their deaths in any subsequent trial.
>>
>> Part of the reason OJ got a "not guilty" verdict was rancor on the
>> jury against the LAPD for its treatment of blacks in general. That
>> included Fuhrman lying about his use of the term "nigger", one of the
>> detectives keeping blood samples in his coat pocket overnight instead
>> of taking it to the lab, and OJ's fame as a sports hero.
>>
>> Logically, I
>>> call this double jepordy.
>>
>> Logically, I call this a failure on the part of the LA county
>> prosecutor's office. The evidence was there but mishandled and some
>> possible signs of tampering.
>
> All of the above may well be true, and oersonally I believe he was as
> guilty as hell, but that isnlt my point. We have nothing to go on but
> our trial process, and it, for whatever reason, found OJ not guilty of
> the crime.
Yes, he was found not guilty. He was NOT found innocent. Goldman's
parents felt OJ had culpability in the wrongful death of their son so
they sued him for that. A civil jury agreed.
So, he can't logically be held responsible for any
> consepuences of that crime,
Yes, he can. He cannot be held responsible twice for the crime itself.
He wasn't.
but he was in a subsequent courtroom
> action.
Yes, different venue all together. The criminal trial had to a unanimous
verdict beyond a reasonable doubt. The prosecution failed to get that
and that was their only bite at the apple. They cannot try him again for
the **murder** of Ron Goldman or Nicole Simpson. The Goldman family sued
OJ for compensation in the wrongful death of their son. They won. They
didn't sue him for murder.....that is a criminal trial held by the state.
They sued him in civil court for monetary compensation.
I will have to call that double jepardy by definition of the
> term as I know it to be.
You can call it an elephant if you wish. You would still be wrong.
If the legal types give it a different
> definition, well, I can't help that.
>
>
--
Democracy means that anyone can grow up to be President,
And anyone who doesn't grow up can be Vice President.
Sleep well, tonight.....
RD (The Sandman)