Monday, May 05, 2014

Double Down Jeopardy









Double Jeopardy Clause is a clause in the U.S. Constitution that forbids a person from being tried twice for the same offence. This clause was added through the U.S. Constitution Fifth Amendment. The principle behind the adoption of the clause is to prevent state and federal governments from imposing more than one punishment for the same offense. This clause thus provides a procedural defense as a right for any act of being tried twice for the same offence.

This clause prohibits state and federal governments from re-prosecuting for the same offense, a defendant who has already been acquitted or convicted. [State v. Detco, Inc., 66 Wis. 2d 95 (Wis. 1974)]

In April, 1992,  jurors issued their ruling on a controversial case involving the 1991 beating of Rodney King by four LAPD officers. One of the officers was found guilty of excessive force; the other officers were cleared of all charges. The reading of the verdicts was broadcast live, and triggered violence in parts of Los Angeles for three days. More than fifty people were killed, some four thousand injured, twelve thousand were arrested and property damage exceeded one ... .

After the acquittals and the riots, the United States Department of Justice sought indictments for violations of King's civil rights. On August 4, the grand jury returned indictments against the three officers for '...willfully and intentionally using unreasonable force...' and against Sergeant Koon for '...willfully permitting and failing to take action to stop the unlawful assault...' on King."

 The jury found Officer Laurence Powell and Sergeant Stacey Koon guilty, and they were subsequently sentenced to 32 months in prison, while Timothy Wind and Theodore Briseno were acquitted of all charges.  There were no riots.

Why the Hell Not?


I'm sure there were earlier instances where constitutional double jeopardy protection was first sacrificed for raw political purposes, but this is the one I remember.  This is the one that left my jaw hanging.  This is the one that made me realize that we had no constitutional protection that could not be overcome by an aggressive government, which meant no constitutional rights at all.  This is the one that convinced me that our government had declared war on anyone, and anything that stood in its way.  This was the time for a million man riot. A pivotal moment in history. Alas.



3 comments:

Skoonj said...

Double jeopardy applies with similar charges at the same level. If the state court acquits, the federal government can still bring charges. Usually the charges will be somewhat different, such as denial of civil rights. It still seems unfair to me, but it's been the case for a very long time.

rwnutjob said...

What you NEVER hear about are the two other passengers in the car with Rodney King who complied with the officers' instructions & were not touched.

Rodger the Real King of France said...

skoonj - when was the first tome. out of curiosity?

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