<?xml version="1.0" encoding="UTF-8"?><rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
	
	xmlns:georss="http://www.georss.org/georss"
	xmlns:geo="http://www.w3.org/2003/01/geo/wgs84_pos#"
	
	>
<channel>
	<title>
	Comments on: Crime and punishment roundup	</title>
	<atom:link href="https://www.overlawyered.com/2018/01/crime-punishment-roundup-14/feed/" rel="self" type="application/rss+xml" />
	<link>https://www.overlawyered.com/2018/01/crime-punishment-roundup-14/</link>
	<description>Chronicling the high cost of our legal system</description>
	<lastBuildDate>Tue, 23 Jan 2018 13:35:45 +0000</lastBuildDate>
	<sy:updatePeriod>
	hourly	</sy:updatePeriod>
	<sy:updateFrequency>
	1	</sy:updateFrequency>
	
	<item>
		<title>
		By: spo		</title>
		<link>https://www.overlawyered.com/2018/01/crime-punishment-roundup-14/comment-page-1/#comment-347834</link>

		<dc:creator><![CDATA[spo]]></dc:creator>
		<pubDate>Tue, 23 Jan 2018 13:35:45 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=67432#comment-347834</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2018/01/crime-punishment-roundup-14/comment-page-1/#comment-347828&quot;&gt;PaulB&lt;/a&gt;.

And how do you draw the line?  And how was the federal prosecution misused?  Is it your argument that state charges (which are bound up in cockeyed self-defense concepts when ti comes to police violence) preclude the federal government from acting?  Doesn&#039;t that turn supremacy on its head?  

The federal charges may have been politically motivated, but that&#039;s not a Double Jeopardy issue--you&#039;re mixing apples and oranges.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2018/01/crime-punishment-roundup-14/comment-page-1/#comment-347828">PaulB</a>.</p>
<p>And how do you draw the line?  And how was the federal prosecution misused?  Is it your argument that state charges (which are bound up in cockeyed self-defense concepts when ti comes to police violence) preclude the federal government from acting?  Doesn&#8217;t that turn supremacy on its head?  </p>
<p>The federal charges may have been politically motivated, but that&#8217;s not a Double Jeopardy issue&#8211;you&#8217;re mixing apples and oranges.</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: PaulB		</title>
		<link>https://www.overlawyered.com/2018/01/crime-punishment-roundup-14/comment-page-1/#comment-347828</link>

		<dc:creator><![CDATA[PaulB]]></dc:creator>
		<pubDate>Mon, 22 Jan 2018 21:05:54 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=67432#comment-347828</guid>

					<description><![CDATA[SPO, the Rodney King case is in fact a classic example of misuse of the dual sovereignty doctrine.  There was no difference between state &quot;assault&quot; charges and federal &quot;civil rights&quot; charges.  It was simply a matter that several dozen people were killed in riots following the acquittal on state charges so the Bush Administration made the political decision only after that happened to bring federal charges.  Even the local ACLU demanded federal charges be filed, although after that happened, the national organization very quietly expressed its disagreement.

There are cases where separate state and federal cases might be called for (drug trafficking/tax evasion?) but the King case is nowhere close to one of those.]]></description>
			<content:encoded><![CDATA[<p>SPO, the Rodney King case is in fact a classic example of misuse of the dual sovereignty doctrine.  There was no difference between state &#8220;assault&#8221; charges and federal &#8220;civil rights&#8221; charges.  It was simply a matter that several dozen people were killed in riots following the acquittal on state charges so the Bush Administration made the political decision only after that happened to bring federal charges.  Even the local ACLU demanded federal charges be filed, although after that happened, the national organization very quietly expressed its disagreement.</p>
<p>There are cases where separate state and federal cases might be called for (drug trafficking/tax evasion?) but the King case is nowhere close to one of those.</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: SPO		</title>
		<link>https://www.overlawyered.com/2018/01/crime-punishment-roundup-14/comment-page-1/#comment-347825</link>

		<dc:creator><![CDATA[SPO]]></dc:creator>
		<pubDate>Mon, 22 Jan 2018 14:50:40 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=67432#comment-347825</guid>

					<description><![CDATA[&quot;Dual sovereignty&quot; seems to me to be 100% correct, even if it can be said to work injustice sometimes.  

First of all, how does one separate out vastly different statutes with different elements.  For example, the Rodney King case--there is a difference between a civil rights violation and an assault.  So how do you develop a mature doctrine describing when a subsequent prosecution is precluded and when it is not?

Second, how do you get around the idea that states have the right under our system of government to punish violations of its criminal law?  And, doctrinally, other than ipse dixit, how can a court come to the conclusion that a federal prosecution nullifies that criminal law for that particular case--there&#039;s nothing other than a rhetorical foot-stomp that it&#039;s not fair.]]></description>
			<content:encoded><![CDATA[<p>&#8220;Dual sovereignty&#8221; seems to me to be 100% correct, even if it can be said to work injustice sometimes.  </p>
<p>First of all, how does one separate out vastly different statutes with different elements.  For example, the Rodney King case&#8211;there is a difference between a civil rights violation and an assault.  So how do you develop a mature doctrine describing when a subsequent prosecution is precluded and when it is not?</p>
<p>Second, how do you get around the idea that states have the right under our system of government to punish violations of its criminal law?  And, doctrinally, other than ipse dixit, how can a court come to the conclusion that a federal prosecution nullifies that criminal law for that particular case&#8211;there&#8217;s nothing other than a rhetorical foot-stomp that it&#8217;s not fair.</p>
]]></content:encoded>
		
			</item>
	</channel>
</rss>
