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Re: 'Off' the parking pigs! (fwd)
Forwarded message:
> Date: Wed, 10 Dec 1997 14:45:46 -0500
> From: Eric Seggebruch - NYC SE <[email protected]>
> Subject: Re: 'Off' the parking pigs! (fwd)
> Actually it is possible for the government to get more than one shot at
> a defendant through the doctrine of dual sovereignty (state and
> federal). That is how they got the police officers involved in the
> Rodney King incident. When the state court (California) jury let them
> off, the feds prosecuted them for civil rights violations in federal
> court.
>
> There you have it.
We got nothing here.
The fact is that the charges that were used at the state and federal level
were different charges relating to the same incident. This is *not* double
jeopardy in any sense of the word. Further, other than the Feds deciding to
wait until the outcome of the state trial there was nothing that would have
prevented them from filing in tandem.
Furthermore, this rampant equating of federal and state rights is a real
disservice to understanding the correct functioning of a democracy. State
and federal government agencies are supposed to be equal and indipendant
within the guidelines of the Constitution. As a result for a given act
it is perfectly reasonable and actualy desirable for the state and federal
agencies to file in parallel and indipendently. Re-read the 10th with this
case in mind and perhaps it will clear the confusion up for you.
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