• Steve
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    5 hours ago

    It’s not a law suit. It’s a criminal trial. The principal of double jeopardy says that an acquittal by a jury is final. The defendant can’t be charged over the same crime again. They go free and clear.

    • Snot Flickerman@lemmy.blahaj.zone
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      4 hours ago

      Which is why it’s a little crazy that they’re hitting him with both 1st degree murder and 2nd degree murder in one go. If he goes free, wouldn’t this mean they couldn’t try charging him under 1st or 2nd?

      • mkwt@lemmy.world
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        2 hours ago

        He’s got parallel New York state and federal charges going at the same time. Under double jeopardy rules, those are two separate cases, and if he wins one, he can still lose the other.

        On the state case, at least, both 1st and second degree are charged. The jury doesn’t decide on 2nd degree unless and until they decide not guilty on 1st degree. The process is:

        • Decide 1st degree charge.
        • if not guilty on 1st, consider and decide on 2nd degree.
        • is not guilty on 2nd degree, consider manslaughter or anything else on the charge sheet…
        • etc.

        All of that happens after one trial, and it’s all in one deliberation session. If the jury gets through all of that with a not guilty on everything, then the state can’t try again, and they can’t appeal.

        • peoplebeproblems@midwest.social
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          2 hours ago

          Note: I don’t think we have a whole lot of evidence saying that the elite in this case will abide by double jeopardy laws anyway.

          Since we’re already in a time where there are two justice systems, there’s nothing to say they can’t charge him in the Court Above and make it legal.

          We have watched a man get off completely free and become president despite felonies and breaking the law. What’s to say the court needs to follow that law too?

          I really think the elite have no idea how much fire they are playing with here, and we’re about to see it go down, one way or the other. We are in an era of no winners.

      • Z3k3@lemmy.world
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        4 hours ago

        Ok this one needs explaining to me as a non American isn’t there different criteria for 1st and second degree?

        • ImplyingImplications@lemmy.ca
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          4 hours ago

          The charges for murder vary by State. Here’s a New York lawyer explaining Murder 1 vs Murder 2 as it relates to New York State law. Murder 2 is regular premeditated murder. Murder 1 is murder with the intent of influencing or intimidating government ie. Terrorism. The lawyer in this interview suggests the Terrorism charge is, ironically, politically motivated, but it will be difficult to actually prove beyond a doubt that Luigi’s intentions were to change government policies and not just get even with someone he disliked.

          In most places murder 1 is premeditated murder and murder 2 is manslaughter. Murder 1 in New York is different.

        • Steve
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          4 hours ago

          The jury makes a decision on both separately.
          Charging with both gives the jury 2 options. If they don’t think it was premeditated and planned enough to convict on 1st degree, they can choose to convict on 2nd degree instead.

          If the prosecution only charged him with 1st degree, the jury wouldn’t have any other option. And if acquitted on 1st, he couldn’t be tried again under 2nd degree.

          • Z3k3@lemmy.world
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            3 hours ago

            So time/money saving excersize? Don’t get 1st saves doing the whole circus again for 2nd

            Thanks