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The Water Cooler
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Oregon Militia take over federal building
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<blockquote data-quote="Dave70968" data-source="post: 2830744" data-attributes="member: 13624"><p>It's a subtle point, but this isn't a double-jeopardy issue. Double jeopardy refers to being <em>tried</em> twice for the same crime; in this case, they were tried, convicted, and given a sentence below the minimum allowed; the prosecution appealed the <em>sentence</em>--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.</p><p></p><p>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.</p></blockquote><p></p>
[QUOTE="Dave70968, post: 2830744, member: 13624"] It's a subtle point, but this isn't a double-jeopardy issue. Double jeopardy refers to being [I]tried[/I] twice for the same crime; in this case, they were tried, convicted, and given a sentence below the minimum allowed; the prosecution appealed the [I]sentence[/I]--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. [/QUOTE]
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Oregon Militia take over federal building
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