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Fnord
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11 Jan 2022, 2:07 pm

Nades wrote:
Fnord wrote:
. . . the former defendant must petition that court for a separate declaration of "Innocent".  "Not Guilty" means a person can be tried more than once for the same crime if new evidence is discovered, such as a previously unknown cellphone video clearly showing the defendant committing the crime.
That's new to me. Is this a US thing or something?
Must be . . . although repeated trials are often held in third-world countries until a conviction is made.



Nades
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11 Jan 2022, 2:17 pm

Fnord wrote:
Nades wrote:
Fnord wrote:
. . . the former defendant must petition that court for a separate declaration of "Innocent".  "Not Guilty" means a person can be tried more than once for the same crime if new evidence is discovered, such as a previously unknown cellphone video clearly showing the defendant committing the crime.
That's new to me. Is this a US thing or something?
Must be . . . although repeated trials are often held in third-world countries until a conviction is made.


It appears it's the same in the UK too but the threshold is very high, only for murder and naturally a case concluded in court is never revisited anyway.



Fnord
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11 Jan 2022, 2:23 pm

Nades wrote:
Fnord wrote:
Nades wrote:
Fnord wrote:
. . . the former defendant must petition that court for a separate declaration of "Innocent".  "Not Guilty" means a person can be tried more than once for the same crime if new evidence is discovered, such as a previously unknown cellphone video clearly showing the defendant committing the crime.
That's new to me. Is this a US thing or something?
Must be . . . although repeated trials are often held in third-world countries until a conviction is made.
It appears it's the same in the UK too but the threshold is very high, only for murder and naturally a case concluded in court is never revisited anyway.
In a way, it makes sense for prosecutors to invoke Double Jeopardy when new evidence is discovered after an acquittal.  However, the new trial might have to be brought by a higher court in order to avoid declaring a mistrial -- similar to the appeals process for defendants.



cyberdad
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11 Jan 2022, 11:33 pm

The George Floyd and Ahmed Arbery prosecutions have now opened the door to a slew of other cases involving white police officers (particularly in the south) killing unarmed black people.

One in particular shows the police operate a mafia type operation in the south when it comes to using lethal force in handling black motorists
(warning: the content is very disturbing).



ASPartOfMe
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08 Aug 2022, 10:11 pm

Father and son sentenced to life in prison, neighbor gets 35 years for federal hate crimes in killing of Ahmaud Arbery

Quote:
The father and son convicted of murdering Ahmaud Arbery were both given an additional sentence of life in prison Monday on federal hate crime charges, while their neighbor was sentenced to 35 years in prison.

A judge also required that Travis McMichael, 36, Greg McMichael, 66, and William “Roddie” Bryan, 52, serve their sentences in state prison, not federal prison as had been requested by their attorneys.

"A young man is dead. Ahmaud Arbery will be forever 25. And what happened, a jury found, happened because he’s Black," U.S. District Judge Lisa Godbey Wood said during Greg McMichael's sentencing.

However, Godbey Wood said she thought it was necessary to distinguish Bryan from the McMichaels, in part because unlike his neighbors, he did not bring a gun with him when the men chased Arbery.

"It is not lost on the court that two men brought guns to that situation that had their worst effect and you weren’t one of them," she said. She added, however, that Bryan was “still deserving of an awfully long sentence."

"By the time you serve your federal sentence, you will be close to 90 years old. But again, Mr. Arbery never got the chance to be 26," she said. "I determined that the sentence imposed is a very lengthy summary and it is one that has been earned."

The men were sentenced separately, in back-to-back trials on Monday


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cyberdad
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09 Aug 2022, 3:00 am

Justice served