How Gamble v. United States affects Paul Manafort

May 2019
3,284
3,783
midwest
#1
He probably was hoping the GOP controlled Roberts Court would rule to overturn Gamble v. United States. He's so sad after the ruling.
:cool:


Tuesday round-up
In Gamble v. United States, the justices voted 7-2 to reaffirm the “separate sovereigns” exception to the Constitution’s double jeopardy clause, allowing federal and state governments to prosecute a defendant for the same conduct. Amy Howe has this blog’s opinion analysis, which first appeared at Howe on the Court. Richard Wolf reports for USA Today that the case “had appeared to be an opportunity for challengers to block second prosecutions,” “(b)ut during oral argument, it became clear that a majority of justices were wary of letting criminals go free, possibly including some of those previously sentenced.” At The Daily Caller, Kevin Daley reports that “(t)he case was one for unexpected ideological bedfellows.” Additional coverage comes from Robert Barnes for The Washington Post, Adam Liptak for The New York Times, and Lawrence Hurley at Reuters, who reports that the decision has “major implications for people like Paul Manafort convicted in Special Counsel Robert Mueller’s Russia probe and facing state charges as well.” Lisa Soronen discusses the decision at the Council of State Governments’ Knowledge Center blog, as does Ellen Podgor at the White Collar Crime Prof Blog.
 
Jul 2011
62,002
12,513
“Stay Down”
#2
So a single person, is ok to be charged for the very same crime? This is fucked. This is fascism. I agree with gorusch and ginsberg on this one.
 
Likes: The Man
Jul 2011
62,002
12,513
“Stay Down”
#9
The same "act" (or acts) can constitute more than one crime. And does, in differing, albeit overlapping, jurisdictions.


If i steal stamps from the post office and i get convicted of.... stealing stamps. Is it constitutional to try me again for the federal crime of theft as well?


Even and especially if i wasnt convicted. How is it not double jeapoaedy to stand for the same act again?
 

Ian Jeffrey

Council Hall
Mar 2013
75,991
45,000
Vulcan, down the street from Darth Vader
#10
If i steal stamps from the post office and i get convicted of.... stealing stamps. Is it constitutional to try me again for the federal crime of theft as well?
Chances are it would have been a federal crime in the first place. But yes, it would be constitutional.
How is it not double jeapoaedy to stand for the same act again?
You do not get charged with an act (and in fact there are more elements to most crimes than merely an act). You get charged with a crime. If you happened to have committed more than one crime at the same time - state and federal - then you can be charged with both, and convicted of both (albeit not in the same court, obviously).
 

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