Oregon Militia take over federal building

[Dave70968]

The ranchers in Oregon's charges and sentences didn't fit the "crime", but the issue here is double jeopardy...they already served their time and some liberal judge decided to lock them up again.

It's a subtle point, but this isn't a double-jeopardy issue. Double jeopardy refers to being tried twice for the same crime; in this case, they were tried, convicted, and given a sentence below the minimum allowed; the prosecution appealed the sentence--which happens regularly--and the appeals court found that the sentence was, in fact, below the minimum allowed, so increased it to the minimum. It's rare for that to happen after release, but not impossible.

Now, I think the whole think stinks on ice, and it sounds like the charges were only brought because the ranchers refused to knuckle under, but it's not a Fifth Amendment violation.

 

[dennishoddy]

It's a subtle point, but this isn't a double-jeopardy issue. Double jeopardy refers to being tried twice for the same crime; in this case, they were tried, convicted, and given a sentence below the minimum allowed; the prosecution appealed the sentence--which happens regularly--and the appeals court found that the sentence was, in fact, below the minimum allowed, so increased it to the minimum. It's rare for that to happen after release, but not impossible.

Now, I think the whole think stinks on ice, and it sounds like the charges were only brought because the ranchers refused to knuckle under, but it's not a Fifth Amendment violation.

Yes. Agree.

 

[yukonjack]

It's a subtle point, but this isn't a double-jeopardy issue. Double jeopardy refers to being tried twice for the same crime; in this case, they were tried, convicted, and given a sentence below the minimum allowed; the prosecution appealed the sentence--which happens regularly--and the appeals court found that the sentence was, in fact, below the minimum allowed, so increased it to the minimum. It's rare for that to happen after release, but not impossible.

Now, I think the whole think stinks on ice, and it sounds like the charges were only brought because the ranchers refused to knuckle under, but it's not a Fifth Amendment violation.

Please point out one case in the last 10 years where someone has been sentenced, served their time, been released and then been ordered to serve more time not based on some type of probation or parole violation?

The federal government is just trying to harass these people because they don't want to sell their farm land to them.

 

[Dave70968]

Please point out one case in the last 10 years where someone has been sentenced, served their time, been released and then been ordered to serve more time not based on some type of probation or parole violation?

The federal government is just trying to harass these people because they don't want to sell their farm land to them.

I can't cite a case off of the top of my head; however, I would point you to a Note in the Duke Law Journal on this very topic:
http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2752&context=dlj
Take note of the bottom paragraph of page 859 (allowing retrial to correct trial error) and, critically, the top of page 868: "If, however, the sentence initially imposed is not valid, such as when the court sentences the defendant to less than the minimum term required by statute, the defendant has not suffered lawful punishment and an appellate court may correct the invalid sentence by increasing the punishment." That sentence has a footnote referring to no fewer than five supporting cases, though I will concede that they were not in the last ten years.

This was the court correcting a trial error in which the trial court imposed a punishment not authorized by law.

Do I think it's harassment? Yes, absolutely. But, under the law, it's not a violation of the Fifth Amendment.

 

[furlong222]

meanwhile our president is releasing convicted drug dealers by the score.....the peaceful seizing of the federal building - out in the boondocks - is viewed as a terrorist act while the looting, burning and killing in Ferguson and Baltimore is OK per the DOJ.... "fail to punish" being the driving force in the cities mentioned while the Oregonians were punished - just not enough to please the far left agitators...

Oregon is just average people saying "we have had enough"....and I don't see the mayhem associated with the BLM group or for that matter the call to kill police officers and all whites in general. I wonder what the situation would be if the BLM had seized said building.

there is smoke on the horizon....keep your powder dry....

 

[RidgeHunter]

Who insulted "non-participants" other than you and your liberal buddies? That's ok, keep typing away at your anti-conservative diatribes to make yourself feel better. 8,000 posts - you're much better at this keyboard warrioring than I am, so just stay here where you are one of the "cool" kids. I'll check back occasionally and see how you're doing.

Thanks for telling me it's OK. Keep jerkin' it to The Turner Diaries and fantasizing about watering the liberty tree. That's OK too. I'm sure your buddies in the high desert understand why you couldn't make it. Maybe next time.

You've done a good job illustrating what an internet loudmouth I am, but a poor job exlaining how that is in any way comparable to screaming for a revolution from your armchair, insulting those who don't take part in said revolution (lazy fatasses IIRC) and still not particpating yourself.

I fit in here blabbing on the internet, you fit into an armed revolution. That's what you've said right? Then why am I the only one where I'm supposed to be? That's the simple question GMT asked that got you all defensive. What's more important in your schedule than fighting tyrants for freedom? Think the founding fathers didn't have better things to do?

lol

 

[crrcboatz]

meanwhile our president is releasing convicted drug dealers by the score.....the peaceful seizing of the federal building - out in the boondocks - is viewed as a terrorist act while the looting, burning and killing in Ferguson and Baltimore is OK per the DOJ.... "fail to punish" being the driving force in the cities mentioned while the Oregonians were punished - just not enough to please the far left agitators...

Oregon is just average people saying "we have had enough"....and I don't see the mayhem associated with the BLM group or for that matter the call to kill police officers and all whites in general. I wonder what the situation would be if the BLM had seized said building.

there is smoke on the horizon....keep your powder dry....

"there is smoke on the horizon, keep your powder dry" good grief what are you insinuating with that one??

 

[Jestik]

I think he is referring to being a pirate...

 

[TedKennedy]

Keep jerkin' it to The Turner Diaries and fantasizing about watering the liberty tree.

The Turner Diaries is jerking material?

 

[Larry Morgan]

Keep jerkin' it to The Turner Diaries and fantasizing about watering the liberty tree.

I had to look that book up.. Whoa.. Looks like the entire book was written by a guy trying to stroke his delusions of grandeur