what do you mean in regard to the double jeopardy?
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what do you mean in regard to the double jeopardy?
The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution provides: "[N]or shall any person be subject for the same offence to be twice put in jeopardy of life or limb . . . ."[1] The four essential protections included are prohibitions against, for the same offense:
- retrial after an acquittal;
- retrial after a conviction;
- retrial after certain mistrials; and
- multiple punishment
Okay, look, stay out of this type of thing until you get some back-up information from media matters. It is painful to watch you make a fool of yourself.
I am not exactly in need of having you post elementary information about double jeopardy. You, on the other hand, might want to undertstand that the Court has ruled many, many times over that the double jeopardy clause does not apply between federal and state prosecutions. Those are considered to be two separate crimes. You rob a bank, and you can get prosecuted for both a federal crime and a state crime even though it is upon the same set of circumstances. The feds however cannot prosecute twice, nor can the state prosecute you twice.
Let's stop here. You are trying to fly without your pre-prepared package and it is painful.
Sheesh.
I am not exactly in need of having you post elementary information about double jeopardy. You, on the other hand, might want to undertstand that the Court has ruled many, many times over that the double jeopardy clause does not apply between federal and state prosecutions. Those are considered to be two separate crimes. You rob a bank, and you can get prosecuted for both a federal crime and a state crime even though it is upon the same set of circumstances. The feds however cannot prosecute twice, nor can the state prosecute you twice.
Let's stop here. You are trying to fly without your pre-prepared package and it is painful.
Sheesh.
I am aware but New York State law might not allow double jeopardy.It is painful to watch you make a fool of yourself.
New York’s Criminal Procedure Law 40.20 states, “A person may not be twice prosecuted for the same offense.” The issue is that New York defines “prosecution” broadly. Section 40.30 continues:
Except as otherwise provided in this section, a person “is prosecuted” for an offense, within the meaning of section 40.20, when he is charged therewith by an accusatory instrument filed in a court of this state or of any jurisdiction within the United States, and when the action either: (a) Terminates in a conviction upon a plea of guilty; or
(b) Proceeds to the trial stage and a jury has been impaneled and sworn or, in the case of a trial by the court without a jury, a witness is sworn.
The New York statute does not allow a state prosecution to follow a federal prosecution (“a court of any jurisdiction within the United States”) for the same basic facts.
You might want to stand down for the rest of the week.
You have more or less disgraced yourself here already today.
Sheesh, get an education for gawd's sake.
You cited the constitution. A state statute may provide for that on a state by state basis and if new York has that provision then it only undermines your argument that he can be prosecuted at the state level if the feds can't pull it off. If the feds go after him they have to either convict him or not and he gets to plead the fifth. If they cannot convict him, how does the state of new York then get a crack at him if the statute prohibits double jeopardy?
You have more or less disgraced yourself here already today.
Sheesh, get an education for gawd's sake.
You cited the constitution. A state statute may provide for that on a state by state basis and if new York has that provision then it only undermines your argument that he can be prosecuted at the state level if the feds can't pull it off. If the feds go after him they have to either convict him or not and he gets to plead the fifth. If they cannot convict him, how does the state of new York then get a crack at him if the statute prohibits double jeopardy?
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The New York statute does not allow a state prosecution to follow a federal prosecution (“a court of any jurisdiction within the United States”) for the same basic facts.
The feds can accomplish that by not prosecuting but passing the evidence they developed to the state but the issue we were talking about was whether testimony could be compelled from him if you have given him immunity. The feds can't do that unless he also has assurances that it will not be put before a state court.