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Marshal Mo Hare, SASS #45984

Alpoish legal question

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Alpo’s arch enemy Ken (yes, Ken L. Ration) disappears, all the evidence points to Alpo. The State of Florida goes ahead and charges Alpo with the crime even though there is no body. Alpo is found not guilty.

 

in the course of time Ken’s body is found in Alabama along with enough evidence to put Alpo on a gurney. Is it double jeopardy?

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Aawwww.....  DAMN, Marshal!  I just found a lump in my coffee~!!    laughing  rolling on the floor

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Florida no. 
 

 Alabama maybe. 

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Now the next question is can Hardpan sue Marshal for ruining his morning cup of coffee because he failed to include a trigger alert on this post. :P 

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I'm still pondering the term "Alpoish" as opposed to "Alpo-esque!"   :rolleyes:   ^_^

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5 minutes ago, Hardpan Curmudgeon SASS #8967 said:

I'm still pondering the term "Alpoish" as opposed to "Alpo-esque!"   :rolleyes:   ^_^

I wanted to expand the vocabulary.  “-esque” sounds elitist.

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Trying Alpo for murder in Alabama would be double jeopardy.  Trying him for violation of Ken L. Ration's civil rights in Federal Court apparently is not.  Of course, you would have to get the U.S. Attorney's office interested in pursuing the case.  Usually there would need to be riots involved and lots of media coverage before they show any interest.  

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1 hour ago, Badlands Bob #61228 said:

Trying Alpo for murder in Alabama would be double jeopardy.  Trying him for violation of Ken L. Ration's civil rights in Federal Court apparently is not.  Of course, you would have to get the U.S. Attorney's office interested in pursuing the case.  Usually there would need to be riots involved and lots of media coverage before they show any interest.  

 

I am under the (current) impression that those (riots and media) would get someone off scot-free! :huh:

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I looked into this.

 

Because I was curious, that's why!

 

If my lawyer gets up in court and says, "Yer Honor, the state ain't got one shred of evidence against my client, and I demand that the case be dismissed!!", and then later on they find some evidence, they can try me again. The trial was not completed - it was dropped, so it don't count.

 

Howsomever, if we let the trial go through, and the jury Foreman stand up and says, "He didn't did it!", then I'm free as the proverbial bird. They can find Ken's body, with my fingerprints on his throat, my custom-made knife with my name engraved on the blade stuck in his belly, and the bullets from my gun in his ear, and they can't do nothing about it. Hell, once the jury says not guilty, I can go over and tell the sheriff where I hid the body.

 

But the trial has to be finished. Whether the result is guilty or not guilty is irrelevant - you got to go all the way to the end before you can start talkin' about double jeopardy.

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5 hours ago, Sedalia Dave said:

Florida no. 
 

 Alabama maybe. 

How about Federal since he crossed state lines?

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Here you need new and compelling evidence to retry someone.

 

Don't come to Australia Alpo or you will be off to the Pen.

 

No seriously, DONT COME to Australia:D

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Could Alpo be sued in Civil Court for violation of Ken L. Ration's Civil Rights?

Could he be sued by Ken's family?

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2 hours ago, Cold Lake Kid, SASS # 51474 said:

Could Alpo be sued in Civil Court for violation of Ken L. Ration's Civil Rights?

Could he be sued by Ken's family?

 

Yes.  That's what happened to OJ Simpson.  Found not guilty, but then the man's family sued him for everything he was worth. 

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The level of proof is much less in civil court than it is in criminal court.  You must prove beyond a reasonable doubt for a criminal trial.  You only need to show a preponderance of evidence (51%) in a civil trial.  O.J. Simpson is a perfect example.  Of course, you can declare bankruptcy and move to Florida where they can't attack your 401K and spend the rest of your life playing golf.

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28 minutes ago, Badlands Bob #61228 said:

The level of proof is much less in civil court than it is in criminal court.  You must prove beyond a reasonable doubt for a criminal trial.  You only need to show a preponderance of evidence (51%) in a civil trial.  O.J. Simpson is a perfect example.  Of course, you can declare bankruptcy and move to Florida where they can't attack your 401K and spend the rest of your life playing golf.

While searching ‘for the late wife’s killer’.

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17 hours ago, Alpo said:

If my lawyer gets up in court and says, "Yer Honor, the state ain't got one shred of evidence against my client, and I demand that the case be dismissed!!", and then later on they find some evidence, they can try me again. The trial was not completed - it was dropped, so it don't count.

Partially correct.  In general, there are 2 types of dismissal: "with prejudice" and "without prejudice."  A dismissal "with prejudice" bars the prosecution from refiling the same charges (double jeopardy) and a dismissal "without prejudice" allows for the refiling of the same charges.

 

Not to turn this into a law school lecture on the rules of criminal procedure, but each state and the federal system all have rules of criminal procedure which specifically addresses both types of dismissals.  The dismissals can result from either party's motion or the judge can enter the dismissal sua sponte (on his own accord).

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2 minutes ago, Marshal Mo Hare, SASS #45984 said:

If nothing else I suspect the Feds would indict as a civil rights violation, deprived of life, liberty, or pursuit of happiness.

Usually that only happens if there has been an obvious miscarriage of justice and/or the suspect is acting under color of law.  They used these Federal Civil Rights laws against some very old Klansmen and against the officers involved in the Rodney King incident.  

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1 minute ago, Badlands Bob #61228 said:

Usually that only happens if there has been an obvious miscarriage of justice and/or the suspect is acting under color of law.  They used these Federal Civil Rights laws against some very old Klansmen and against the officers involved in the Rodney King incident.  

Well knowing Alpo, I really don’t, the feds would find all of this a gross miscarriage of justice (because of the millions of letters and emails received) and pursue the case with great interest.

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In either case...it appears that ALPO wins! :P

 

Alpo Dog Food, 1970 | Dog food recipes, Food, Alpo dog food

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