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Politics : To be a Liberal,you have to believe that.....

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To: chalu2 who wrote (1745)	9/11/1999 8:05:00 PM
From: nihil	Read Replies (1) of 6418

Actually, the 5th Amendment only applies (literally) to the federal judiciary, so that no one can be tried twice by the federal government for the same offense "be put twice in jeopardy of life or limb." I suppose that protects an accused criminal from death penalty or maiming, since liberty and property are not specifically protected. Article XIV while protecting (like the Vth) due process makes no specific reference to double jeopardy. The courts therefore appear to have ability to extend or not, as they please, any limitation against double jeopardy. A case you might be interested in is U.S. vs. Chong, in which the federal government has taken jurisdiction in a case in which a thug allegedly killed a drug dealer with a gun over a $100 drug debt. The US AG has decided to ask for the death penalty. Hawaii has no state death penalty. In my mind this is a conspiracy to deprive him of the right to tried by the state so the US government can kill him. The whole problem, of course, is that he committed two different offenses in the same act. I think the State should sentence him to life, and when he's dead hand him over to the feds to try.

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