Questions dealing with the Bill of Rights
04-02-2012, 04:52 PM
#1
Questions dealing with the Bill of Rights
Hey guys I have a take home test for my political science test and I could use some help on a question. They all pretty much have to do with the Bill of Rights. Here's a question that I'm not sure of:
Martha was arrested and tried for embezzlement. After deliberating for three days, the jury informed the judge that it was hopelessly deadlocked and could not reach a verdict. The judge declared a mistrial and scheduled a new trial. Martha objected, contending that a second trial constituted double jeopardy. Is she correct?
Martha was arrested and tried for embezzlement. After deliberating for three days, the jury informed the judge that it was hopelessly deadlocked and could not reach a verdict. The judge declared a mistrial and scheduled a new trial. Martha objected, contending that a second trial constituted double jeopardy. Is she correct?
04-02-2012, 05:00 PM
#2
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No, because the judge declared that it was a mistrial. It'd only be double jeopardy if she received a verdict in the first trial and was tried again or if the mistrial was ruled by the judge in bad faith (or if the prosecutor goaded the defense into moving for a mistrial).
U.S. v. Josef Perez, 22 U.S. 579 (1824)
U.S. v. Josef Perez, 22 U.S. 579 (1824)
04-02-2012, 05:12 PM
#5
No, because the judge declared that it was a mistrial. It'd only be double jeopardy if she received a verdict in the first trial and was tried again or if the mistrial was ruled by the judge in bad faith (or if the prosecutor goaded the defense into moving for a mistrial).
U.S. v. Joseph Perez, 22 U.S. 579 (1824)
U.S. v. Joseph Perez, 22 U.S. 579 (1824)
There's a couple other questions but I think I managed to figure them out. I'll just post them anyway.
California law requires all students to register their political affiliation and religious affiliation before they are able to apply for any type of student aid, grants or reduced resident fees. Does this violate the Bill of Rights? If so which ones? And how or why/why not?
The Federal Aviation Agency has issued a new regulation that requires airlines to charge double for passengers who are 25lbs over their ideal body weight as prescribed by the Medical Journals. Is this permissible, why or why not? Explain and describe the application of all relevant Amendments.
04-02-2012, 05:40 PM
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heyllllll to the no its not double jeopardy lol. that would mean that all mistrials that occurred due to the same reason were by default double jeopardy cases as well
04-02-2012, 05:58 PM
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Ok that's what I thought but it didn't look right on paper.
There's a couple other questions but I think I managed to figure them out. I'll just post them anyway.
California law requires all students to register their political affiliation and religious affiliation before they are able to apply for any type of student aid, grants or reduced resident fees. Does this violate the Bill of Rights? If so which ones? And how or why/why not?
The Federal Aviation Agency has issued a new regulation that requires airlines to charge double for passengers who are 25lbs over their ideal body weight as prescribed by the Medical Journals. Is this permissible, why or why not? Explain and describe the application of all relevant Amendments.
There's a couple other questions but I think I managed to figure them out. I'll just post them anyway.
California law requires all students to register their political affiliation and religious affiliation before they are able to apply for any type of student aid, grants or reduced resident fees. Does this violate the Bill of Rights? If so which ones? And how or why/why not?
The Federal Aviation Agency has issued a new regulation that requires airlines to charge double for passengers who are 25lbs over their ideal body weight as prescribed by the Medical Journals. Is this permissible, why or why not? Explain and describe the application of all relevant Amendments.
04-02-2012, 07:14 PM
#11
double jeopardy does not apply if you are charged in a diff court system.
for example, if you are found not guilty in a superior (state) court, a federal prosecutor can go after you in federal court...
has to do with separate sovereigns.
also, a military court can still try you, if it applies to you.
one more thing, one state can also go after you if you commit part of the crime in one state and finish off the crime in another...
(for the record, i aint a lawyer but i stayed at a motel 6 last nite...)
for example, if you are found not guilty in a superior (state) court, a federal prosecutor can go after you in federal court...
has to do with separate sovereigns.
also, a military court can still try you, if it applies to you.
one more thing, one state can also go after you if you commit part of the crime in one state and finish off the crime in another...
(for the record, i aint a lawyer but i stayed at a motel 6 last nite...)
04-02-2012, 07:20 PM
#12
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double jeopardy does not apply if you are charged in a diff court system.
for example, if you are found not guilty in a superior (state) court, a federal prosecutor can go after you in federal court...
has to do with separate sovereigns.
also, a military court can still try you, if it applies to you.
one more thing, one state can also go after you if you commit part of the crime in one state and finish off the crime in another...
(for the record, i aint a lawyer but i stayed at a motel 6 last nite...)
for example, if you are found not guilty in a superior (state) court, a federal prosecutor can go after you in federal court...
has to do with separate sovereigns.
also, a military court can still try you, if it applies to you.
one more thing, one state can also go after you if you commit part of the crime in one state and finish off the crime in another...
(for the record, i aint a lawyer but i stayed at a motel 6 last nite...)
04-02-2012, 07:20 PM
#13
one more thing about mistrials and hung juries, i was actually part of a federal jury a few years ago.
spent 2 months figuring out a former local company in fremont that committed a bunch of white collar crimes.
the CFO was the last of the C level dudes to go to trial. all made deals.
but eventually, one person in our jury made 2 months of work go down the drain.
eventually the judge declared a hung jury.
a couple or so years later, i heard that the dude finally accepted a deal. he ran out of money and the feds... well, are the feds and have unlimited funds to go after the dude.
spent 2 months figuring out a former local company in fremont that committed a bunch of white collar crimes.
the CFO was the last of the C level dudes to go to trial. all made deals.
but eventually, one person in our jury made 2 months of work go down the drain.
eventually the judge declared a hung jury.
a couple or so years later, i heard that the dude finally accepted a deal. he ran out of money and the feds... well, are the feds and have unlimited funds to go after the dude.
04-02-2012, 10:09 PM
#14
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you just had to get on her good side and listen to her neverending stories about montana