Casey Is NOT Safe From Double Jeopardy Laws?

[natsound]

Exceptions to double jeopardy in the U.S. (from wikipedia):

If the earlier trial is proven to be a fraud or scam, double jeopardy will not prohibit a new trial. In the case of Harry Aleman[31] an appeals court ruled that a man who bribed his trial judge and was acquitted of murder was allowed to be tried again because his bribe prevented his first trial from actually putting him in jeopardy.

Double jeopardy is also not implicated for separate offenses or in separate jurisdictions arising from the same act. For example, in United States v. Felix 503 U.S. 378 (1992), the U.S. Supreme Court ruled: "a[n]...offense and a conspiracy to commit that offense are not the same offense for double jeopardy purposes."[32][33]

 

[manatee]

Exceptions to double jeopardy in the U.S. (from wikipedia):

If the earlier trial is proven to be a fraud or scam, double jeopardy will not prohibit a new trial. In the case of Harry Aleman[31] an appeals court ruled that a man who bribed his trial judge and was acquitted of murder was allowed to be tried again because his bribe prevented his first trial from actually putting him in jeopardy.

Double jeopardy is also not implicated for separate offenses or in separate jurisdictions arising from the same act. For example, in United States v. Felix 503 U.S. 378 (1992), the U.S. Supreme Court ruled: "a[n]...offense and a conspiracy to commit that offense are not the same offense for double jeopardy purposes."[32][33]

I would like juror #11 investigated. I would not be surprised if JB got a hold of him. I'm hoping that if we are suspicious, so is the state.

 

[cluciano63]

That was a lie. She knew Caylee was dead.

But it wasn't proved to be a lie; JB saying it does not equal Casey lying to the FBI about it. Saying you believe or feel something isn't the same as direct lying, IMO.

 

[STEADFAST]

...but I would think it would have to be brought to their attention by the State. Heck, I've even thought about bringing it to their attention!!

I'm pretty sure practically everybody in the Department of Justice is aware of Casey's not-guilty verdict. It would be cool if they decided to prosecute her for something. It's possible, though, that she's the least of their problems.

 

[STEADFAST]

But it wasn't proved to be a lie; JB saying it does not equal Casey lying to the FBI about it. Saying you believe or feel something isn't the same as direct lying, IMO.

That's what the federal trial would decide -- is she guilty of lying to them or isn't she?

 

[Cracka*Jaxx]

But it wasn't proved to be a lie; JB saying it does not equal Casey lying to the FBI about it. Saying you believe or feel something isn't the same as direct lying, IMO.

A defense attorney represents the defendant. In other words, the attorney is speaking for the defendant. So, whatever JB says Casey has agreed with. JB said that Caylee was dead all along. Everything Casey said or alluded to inferring that Caylee was alive would then be considered a lie. JMO.

 

[natsound]

A defense attorney represents the defendant. In other words, the attorney is speaking for the defendant. So, whatever JB says Casey has agreed with. JB said that Caylee was dead all along. Everything Casey said or alluded to inferring that Caylee was alive would then be considered a lie. JMO.

Thank you. I really think this could hold water as a lie, because JB says Caylee never was missing. She was dead all along, and KC knew it. So for KC to tell an FBI agent that she feels in her gut Caylee is alive, that's purposely misleading in the course of a serious missing persons investigation. In fact, had she told the truth, the investigation would have completely changed course.

 

[natsound]

I just thought about something else. Universal could ask the feds to step in for the email fraud. Remember when KC set up that phony email from a phony boss at Universal?

(Hey, I'm leaving no stone unturned! Hope the FBI is too.)

 

[manatee]

I just thought about something else. Universal could ask the feds to step in for the email fraud. Remember when KC set up that phony email from a phony boss at Universal?

(Hey, I'm leaving no stone unturned! Hope the FBI is too.)

Good one! I wonder if she send any across state lines?

 

[natsound]

Good one! I wonder if she send any across state lines?

I'm heading to Disneyworld in December. If they haven't made a move yet, I'll make some suggestions to them...!

 

[Tulessa]

In a way, I agree with you. But I have read about other cases when the federal government has stepped in...so I'm not yet 100% sure that can't happen. Not saying it will happen...but can't say it's an impossibility. The Federal gov't often steps in (think Mafia) when the State can't get a conviction. Are they trying to trample on the rights of the crime families? Maybe...think they may believe it's for the "greater good". Who knows what the federal gov't would think worthy of pursuing. They seem to be spending a whole lot of effort of late going after a baseball pitcher who allegedly lied to them about steroid use. Big whoop. JMHO
PS- and I personally know of a case where the State couldn't prove the guy's involvement in a murder (former cop, no less). Later, the Feds went after him for insurance and mail fraud (a federal offense). You just never know how badly they may want someone to be held accountable for wrongdoing.

The police officers that beat up Rodney King were tried twice. Once by the county then by the Government. The county found them not guilty and a few received sentences when the Government tried them.

 

[darnudes]

Allowing double jeopardy in the US would require a constitutional amendment. That will never happen, IMO.

Yes, it's unlikely but still possible, haven't there been constitutional amendments previously?

 

[darnudes]

Another 2 cases snipped from Wikipedia

On 11 September 2006, William Dunlop became the first person to be convicted of murder after previously being acquitted. Twice he was tried for the murder of Julie Hogg in Billingham in 1989, but two juries failed to reach a verdict and he was formally acquitted in 1991. Some years later, he confessed to the crime, and was convicted of perjury. The case was re-investigated in early 2005, when the new law came into effect, and his case was referred to the Court of Appeal in November 2005 for permission for a new trial, which was granted. Dunlop pleaded guilty to murdering Julie Hogg and raping her dead body repeatedly, and was sentenced to life imprisonment, with a recommendation he serve no less than 17 years.


On 13 December 2010, Mark Weston became the first person to be convicted of murder after previously being found not guilty of the same offence, that of the murder of Vikki Thompson at Ascott-under-Wychwood on 12 August 1995. Weston's first trial was in 1996, when the jury found him not guilty. Following the discovery of compelling new evidence in 2009 – Thompson's blood on Weston's boots – Weston was arrested in 2009 and tried for a second time in December 2010, when he was found guilty of Thompson's murder, and sentenced to life imprisonment to serve a minimum of 13 years.[25]

bbm

Just to be clear, it wasn't simply a matter of Billy Dunlop "confessing" to the crime - he went around town "boasting" about it and how he got away with murder, it was that aspect that so incensed people. There's a good documentary on youtube about the case. I'll link it if anyone is interested.

 

[TallCoolOne]

You know what I would rather see? I would rather see laws changed to where if the evidence points to guilt, it be allowed in, no matter how prejudicial it is. I have NEVER understood how certain evidence can not be allowed in because primarily it shows too much how guilty someone is. WTF anyway? It is what it is. If they have done things that make it obvious they are guilty it needs to be allowed. Instead, the defense can get away with bringing in things that they have absolutely no proof of what-so-ever but if something points "too much" towards guilt it isn't allowed in.

Never have understood that and most likely, never will.

 

[manatee]

I'm pretty sure practically everybody in the Department of Justice is aware of Casey's not-guilty verdict. It would be cool if they decided to prosecute her for something. It's possible, though, that she's the least of their problems.

Yeah...they have all these lying baseball players to go after because they are such a threat to society. :banghead:

 

[darnudes]

Exceptions to double jeopardy in the U.S. (from wikipedia):

If the earlier trial is proven to be a fraud or scam, double jeopardy will not prohibit a new trial. In the case of Harry Aleman[31] an appeals court ruled that a man who bribed his trial judge and was acquitted of murder was allowed to be tried again because his bribe prevented his first trial from actually putting him in jeopardy.

Double jeopardy is also not implicated for separate offenses or in separate jurisdictions arising from the same act. For example, in United States v. Felix 503 U.S. 378 (1992), the U.S. Supreme Court ruled: "a[n]...offense and a conspiracy to commit that offense are not the same offense for double jeopardy purposes."[32][33]

bbm

This is how Gabe Watson was able to be extradited from Australia and then charged in Alabama - the State are alleging he conspired to kill his wife on American soil then took her to Australia to kill her whilst on their honeymoon.

 

[cluciano63]

Good one! I wonder if she send any across state lines?

Bill S. said today that there weren't any state lines crossed with wires, mail, etc...which would be FBI jurisdiction.

 

[eileenhawkeye]

Yes, it's unlikely but still possible, haven't there been constitutional amendments previously?

Yes, there has been 17 constitutional amendments since the Bill of Rights was created. The earliest was in 1795, and the most recent was one in 1992.

These are the three most recent amendments:

1967: Changes details of presidential succession, provides for temporary removal of president, and provides for replacement of the vice president.

1971: Prohibits the federal government and the states from forbidding any citizen of age 18 or greater to vote on account of their age

1992: Limits congressional pay raises

 

[shellbee]

The police officers that beat up Rodney King were tried twice. Once by the county then by the Government. The county found them not guilty and a few received sentences when the Government tried them.

The federal government indicted them for a civil rights violation because as police officers they were acting on behalf of the government. Casey wasn't acting for the government when she killed her daughter.

 

[natsound]

Bill S. said today that there weren't any state lines crossed with wires, mail, etc...which would be FBI jurisdiction.

You're breaking my heart. :sigh: