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  #21  
Old 08 November 2017, 09:48 PM
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GenYus234 GenYus234 is offline
 
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Quote:
Originally Posted by jimmy101_again View Post
Does double jeopardy apply here? Can he face both sets of charges?
IANAL, but there hasn't even been single jeopardy yet as no trial has begun.

ETA: Also, I believe he can be charged with both sets, but prosecutors are often reluctant to do that as a jury might find it too tempting to just convict on the lesser charge.
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  #22  
Old 08 November 2017, 09:57 PM
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Default Rand Paul's injuries worse than previously believed

Sen. Rand Paul's medical condition is worse than previously reported after he was attacked by a neighbor at his Kentucky home on Friday, according to a medical update the Kentucky Republican posted on Twitter Wednesday.

https://www.cbsnews.com/news/rand-pa...irst-believed/
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  #23  
Old 08 November 2017, 10:57 PM
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Re: the double jeopardy questions, yes, he can face both charges. It's not that unusual a situation; I think it applied to the Beltway snipers. Sometimes the state will waive its charges and let the Feds handle it.

So if he were acquitted of, say, the state charges, double jeopardy would mean that the state couldn't try him on those charges again. But he would still face the federal charges.

ETA: And as GenYus said, double jeopardy only applies after there's been acquittal.
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  #24  
Old 09 November 2017, 01:20 AM
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I thought double jeopardy meant that someone who was acquitted of a criminal act could not be tried again for charges based upon the same facts.

So, a state acquits for assault, then the federal government charges with assault. Same facts, but not double jeopardy? Why not try OJ using federal courts to get the verdict, then?

I know many Americans think that when the Crown appeals an acquittal here in Canada, that this is double jeopardy, but it is still the same charges on the same facts**. I can't reconcile how state/federal breakdown goes in the US.

**About 3 years ago here it was a lively discussion.
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  #25  
Old 09 November 2017, 01:42 AM
RichardM RichardM is offline
 
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In reading the article Psihala posted, I noticed it prohibited Sen. Paul's assailant from having a firearm. How can a true Republican allow such a restriction of the 2nd amendment?
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  #26  
Old 09 November 2017, 01:55 AM
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Well, the GOP do tend to operate under the mindset of "It doesn't affect me or anyone I care about, so why should I care?" Since this guy having a gun affects Rand Paul, hence the sudden nuanced beliefs regarding the Second Amendment.
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  #27  
Old 09 November 2017, 04:14 AM
jimmy101_again jimmy101_again is offline
 
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Quote:
Originally Posted by UEL View Post
I thought double jeopardy meant that someone who was acquitted of a criminal act could not be tried again for charges based upon the same facts.

So, a state acquits for assault, then the federal government charges with assault. Same facts, but not double jeopardy? Why not try OJ using federal courts to get the verdict, then?

I know many Americans think that when the Crown appeals an acquittal here in Canada, that this is double jeopardy, but it is still the same charges on the same facts**. I can't reconcile how state/federal breakdown goes in the US.
That is why I asked. In the US there are situations where a person can be charged using the same facts concerning the same event in multiple courts and can be acquired or convicted multiple times. For example, a soldier charged with drunk driving can be charged and convicted and punished by both military courts and civilian courts. So in this case, a local charge of assault and a federal charge of assault on a senator? Same events, same facts but different laws, hence no double jeopardy?
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  #28  
Old 09 November 2017, 08:06 AM
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He could be tried for both state and federal charges, but the feds and most states have policies that restrict when that can happen, and there's usually just one case that ultimately goes anywhere. (My guess: He'll probably get some kind of plea deal, on one side or the other, and it will be over. What I've seen from reporters is that the senator does not seem to want this to be a prolonged story.)

Last edited by lord_feldon; 09 November 2017 at 08:26 AM.
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