Tag Archive | "double jeopardy"

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Obama Signs Hate-Crimes Bill Into Law; Critics Say It Circumvents Constitutional Safeguards Against Double Jeopardy

Today, President Obama signed into law a bill that will dramatically expand the federal hate crimes law, enabling prosecutors to bring federal charges against people who were previously found innocent of hate crimes in state court.  The hate-crimes provisions were added to a defense appropriations bill, which the President signed in a White House signing ceremony this afternoon at around 2:30 p.m.

The new law dramatically expands the reach of the existing federal hate-crimes law that was already on the books, by…

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Hate Crimes Bill Passes, Eroding Civil Liberties and Double Jeopardy Safeguards

Yesterday, Congress approved a measure to dramatically expand the existing federal hate crimes law, by adding it to an unrelated defense appropriations bill.  The measure would expand current law to cover virtually all hate crimes already covered by state law (both by adding gender, sexual orientation, disability, and transgender characteristics to a law originally designed to protect racial minorities, and by getting rid of the requirement that a hate crime effect federally-protected activities to be prosecuted in federal rather than state court.)

The…

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U.S. Civil Rights Commission Opposes Federal Hate Crimes Bill on Double Jeopardy and Civil Liberties Grounds

The U.S. Commission on Civil Rights has decided to oppose the federal hate-crimes bill. The Commission calls the bill a “menace to civil liberties” because “its most important effect will be to allow federal authorities to re-prosecute a broad category of defendants who have already been acquitted by state juries.” Thus, it will erode protections against double jeopardy.

In deciding to oppose the bill, the full Commission agreed with the position earlier taken by four individual Civil Rights Commissioners, who…

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Tourism Bill to Be Combined With Anti-Civil-Liberties Hate Crimes Bill

If you were a tourist, would you like to come to a country where you could be tried twice for the same crime — even if you were found innocent the first time around? Not me. But the Senate will likely attach a bill that promotes such reprosecutions to the Travel Promotion Act, reports the Christian Science Monitor. Liberal Senators plan to amend the Travel Promotion Act, a bill to attract international tourists to the U.S., by combining it with a…

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Purpose of Hate-Crimes Bill Is To Promote Double Jeopardy and Shred Civil Liberties

On April 29, the House voted 249-to-175 to pass the federal hate crimes bill, which the bill’s supporters explicitly want to use to prosecute people already found innocent in state court all over again in federal court. Such reprosecutions are, sadly, allowed under a Constitutional loophole known as the “dual sovereignty” doctrine, which says that state and federal governments are different sovereigns, and that double jeopardy only applies when you are prosecuted twice by the same sovereign. (This loophole was established…

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Federal Hate Crimes Bill Will Erode Civil Liberties and Undermine Constitutional Safeguards Against Double Jeopardy

On April 23, the House Judiciary Committee voted 15-to-12 to approve a dramatic expansion of the federal hate-crimes law. The bill, H.R. 1913, would add gender, sexual orientation, and transgender characteristics to a law originally designed to protect racial minorities. It also greatly expands the law’s reach over local offenses typically handled by state prosecutors, by eliminating many jurisdictional limits.

The bill would allow people who have been found innocent of a hate crime in state court to be reprosecuted in…

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Incoming Attorney General Eric Holder Is Hostile to Civil Liberties

Incoming Attorney General Eric Holder Is Hostile to Civil Liberties

Eric Holder, Obama’s choice for attorney general, is hostile to civil liberties. He has previously expressed veiled support for using the misnamed “Fairness Doctrine” to squelch “conservative critiques” and “conservative media,” such as Fox News (which Holder believes is anything but “Fair and Balanced,” contrary to its slogan). The “Fairness Doctrine” is designed to shut down conservative Talk Radio.

Holder also has advocated hate-crimes legislation to prosecute people whom state prosecutors refuse to prosecute because of a lack of evidence. To justify…

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Federal Hate-Crimes Bill Promotes Double Jeopardy

Yesterday, I wrote about the fact that many supporters of the federal hate crimes bill want to allow people who have been found innocent of a hate crime in state court to be reprosecuted in federal court.

Apparently, this was true of the most prominent supporter of the bill when it was first introduced, the Clinton Administration. Syndicated columnist Jacob Sullum pointed out in 1998 that Janet Reno, Clinton’s Attorney General, backed the bill as a way of providing a federal “forum” for…

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