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View Diary: 11th Circuit Rebukes Delay, Frist, Bush (59 comments)

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  •  to clarify (none)
    1960's civil rights murder cases--church bombing, Medgar Evers, etc.

    The left has the collective killer instinct of the Quakers.

    by willowby on Wed Mar 30, 2005 at 03:41:51 PM PST

    [ Parent ]

    •  I can't speak... (none)
      generally, but quick Westlaw shows Byron De La Beckwith got two hung juries in the 1960s for killing Medgar Evars, but was convicted in 1994 under state law.  I don't think there was ever a separate federal claim other than potentially a "civil rights violation" claim, which is frequently used to retry acquited individuals.  (See, e.g., Rodney King.)
      •  ah...dual sovereignty and whatnot (none)
        I always lost track of my whatnots in Crim Pro.  :/

        Certainly not in any way factually analogous to Schiavo, except perhaps in a political sense:  

        "Consider, for example, the Rodney King affair. Initially, the federal government probably believed that the state trial would satisfy its concerns. Yet something happened during the state prosecution that threw the fairness of the process into question, namely, an unusual, almost unprecedented, change of venue that dramatically changed the possible racial composition of the jury. As a consequence, the federal government perceived a need to pursue a federal prosecution. See Paul Hoffman, Double Jeopardy Wars: The Case for a Civil Rights "Exception", 41 UCLA L. Rev. 649, 681 86 (1994)."

        Double Jeopardy After Rodney King FN60

        What is particularly interesting to note is the split within the ACLU over the retrial of the LA cops:

        "The above article by N. A. Lewis points out the division that occurred within the A.C.L.U. on this policy in the wake of the Rodney King beating. After the acquittal of the police officers involved in the Rodney King beating on April 29, 1992, the Southern California chapter of the A.C.L.U. urged the Justice Department to try the officers on federal civil rights charges. The A.C.L.U.'s strict policy opposing double jeopardy was suspended in June, 1992 to consider the impact of the policy on the officers' case. On April 4, 1993, in a close vote, the national board of the A.C.L.U. enacted a resolution opposing any exceptions to the American Constitution's prohibition against double jeopardy. However, all ten of the black members who were present voted to allow for second trials on civil rights grounds after acquittal on local charges."

        King Case Footnote 189

        It's easy enough to distinguish the two situations--legally and factually.  But there is an undeniable parallel of unusual executive action to overturn a final state court adjudication.  Under its own policy regarding second prosecutions, Justice had to find a "compelling interest" to proceed...I prefer to think in the King case it was pressed in the interest of justice as opposed to political pandering, but that's often where the two sides diverge.    

        The left has the collective killer instinct of the Quakers.

        by willowby on Wed Mar 30, 2005 at 11:12:31 PM PST

        [ Parent ]

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