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Politics : Sharks in the Septic Tank
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To: Lazarus_Long who wrote (73930)9/4/2003 11:20:47 PM
From: The Philosopher  Read Replies (1) of 82486
 
I don't know about the Compulsory Process Clause. What is tht referring to?

As to Double Jeopardy, you aren't put in jeopardy until a jury is empaneled, so if the judge dismisses the case before a jury is sworn in, the can't be double jeopardy because there hasn't yet been initial jeopardy.

Plus, to the dismay of many civil libertarians (including me) the Supreme Court, in another one of those hard facts make bad law cases, has ruled that being tried and acquitted in a state court and then being tried in a federal court isn't double jeopardy because although they might be for the same set of facts and events, it's not the same court, and it's not exactly the same offense. Don't ask me to explain that decision, I only report it. but that's the way it is.

Presumably this SC would say the same about federal court and military tribunal even if Moussaoui had already been put into jeopardy and acquitted in federal court.
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