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Double Jeopardy?

 
 
Reply Sat 21 Aug, 2004 09:35 am
Sniper attorneys claim double jeopardy

Quote:
FAIRFAX, Virginia (AP) -- Lawyers for convicted sniper John Allen Muhammad asked a judge to throw out charges against him, saying prosecuting him again violates his right against being tried twice for the same offense....

Muhammad and co-conspirator Lee Boyd Malvo, 19, were tried separately for the sniper shootings. Both were convicted of murder as an act of terrorism and committing more than one murder in a three-year period.


Is this a valid claim for protection under the double jeopardy clause?
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jespah
 
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Reply Sat 21 Aug, 2004 10:36 am
If for the same killing(s), I suppose I could see it, but if it's for separate murders, well, nice try defense counsel, but no, that wouldn't be double jeopardy.
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joefromchicago
 
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Reply Sat 21 Aug, 2004 11:54 am
Re: Double Jeopardy?
Quote:
FAIRFAX, Virginia (AP) -- Muhammad and co-conspirator Lee Boyd Malvo, 19, were tried separately for the sniper shootings. Both were convicted of murder as an act of terrorism and committing more than one murder in a three-year period.

Committing more than one murder in a three year period? What, does Virginia have a quota now on murders? Is it like a hunting license: everyone gets to bag one person in a three-year period?

The story isn't terribly clear, but it seems that the prosecutors are attempting to indict the snipers for the same murder for which they've already been convicted -- they're just adding a couple of new charges. I have no idea how "committing more than one murder in a three-year period" can be a crime: sounds more like an aggravating factor for sentencing purposes. And if it's a capital crime then I think the defense attorneys have a point: the prosecutors would be seeking a second death penalty for the same murder, and that sounds like double jeopardy to me.

Likewise, I have a problem with "murder as an act of terrorism." I don't know what the Virginia statute says, but I'm leery of these laws that slap a "terrorism" label on all objectionable behavior. All violent crimes instill some measure of fear in the general public -- so what differentiates an ordinary, run-of-the-mill murder from a "terroristic" murder? And if a "terroristic" murder is one that is part of a killing spree, then how is that different from the "no more than one killing per three years" law?
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jespah
 
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Reply Sat 21 Aug, 2004 12:34 pm
I think the 3 murders in a year deal was another attempt to make a "terrorists beware"-type of law. A rather inept attempt, I might add, if memory serves me right.
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