Questions dealing with the Bill of Rights

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Old 04-02-2012 | 04:52 PM
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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?
Old 04-02-2012 | 05:00 PM
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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)
Old 04-02-2012 | 05:01 PM
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This is a better question

Old 04-02-2012 | 05:09 PM
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^^ lol wtf
Old 04-02-2012 | 05:12 PM
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Originally Posted by Choku Dori
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)
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.
Old 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
Old 04-02-2012 | 05:58 PM
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Hahahha is this Banks? I had her last semester. Those questions sound real familiar
Old 04-02-2012 | 05:58 PM
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Originally Posted by Jodice112
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.
Hey, do your own work! I got my own ish to do too, ya know!
Old 04-02-2012 | 06:31 PM
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Originally Posted by Jacare
Hahahha is this Banks? I had her last semester. Those questions sound real familiar
Haha yeah Sonya Banks for Political Science 1. She's probably the biggest recycler in test questions. Still she's one of my favorite teachers I've had so far.

Originally Posted by Choku Dori
Hey, do your own work! I got my own ish to do too, ya know!
Hehe I knew I should of put them all in the first post
Old 04-02-2012 | 06:38 PM
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Originally Posted by Jacare
Hahahha is this Banks? I had her last semester. Those questions sound real familiar
Is she still at MPC? She was one of my favorite teachers there!

Not like there are a ton of good teachers there, but still...
Old 04-02-2012 | 07:14 PM
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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...)
Old 04-02-2012 | 07:20 PM
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Originally Posted by ldivinag
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...)
So you overheard a lawyer bangin' a hooker in the next room?
Old 04-02-2012 | 07:20 PM
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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.
Old 04-02-2012 | 10:09 PM
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Originally Posted by VRT MBasile
Is she still at MPC? She was one of my favorite teachers there!

Not like there are a ton of good teachers there, but still...
i thought she was great, and if she had another class, i would probably take it.
you just had to get on her good side and listen to her neverending stories about montana
Old 04-02-2012 | 11:24 PM
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Originally Posted by Jacare
i thought she was great, and if she had another class, i would probably take it.
you just had to get on her good side and listen to her neverending stories about montana
Yeah she is definitely one of my favorite teachers I've had so far besides Kary for Anthropology.

She still talks about Montana a lot but man some of those stories are crazy/creepy.


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