Marshal Mo Hare, SASS #45984 Posted June 29, 2020 Share Posted June 29, 2020 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? Link to comment Share on other sites More sharing options...
Hardpan Curmudgeon SASS #8967 Posted June 29, 2020 Share Posted June 29, 2020 Aawwww..... DAMN, Marshal! I just found a lump in my coffee~!! Link to comment Share on other sites More sharing options...
Sedalia Dave Posted June 29, 2020 Share Posted June 29, 2020 Florida no. Alabama maybe. Link to comment Share on other sites More sharing options...
Sedalia Dave Posted June 29, 2020 Share Posted June 29, 2020 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. Link to comment Share on other sites More sharing options...
Marshal Mo Hare, SASS #45984 Posted June 29, 2020 Author Share Posted June 29, 2020 Sure he can sue me but he’ll have to stand inline to get any money. Link to comment Share on other sites More sharing options...
Hardpan Curmudgeon SASS #8967 Posted June 29, 2020 Share Posted June 29, 2020 I'm still pondering the term "Alpoish" as opposed to "Alpo-esque!" Link to comment Share on other sites More sharing options...
Marshal Mo Hare, SASS #45984 Posted June 29, 2020 Author Share Posted June 29, 2020 5 minutes ago, Hardpan Curmudgeon SASS #8967 said: I'm still pondering the term "Alpoish" as opposed to "Alpo-esque!" I wanted to expand the vocabulary. “-esque” sounds elitist. Link to comment Share on other sites More sharing options...
Badlands Bob #61228 Posted June 29, 2020 Share Posted June 29, 2020 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. Link to comment Share on other sites More sharing options...
Injun Ryder, SASS #36201L Posted June 29, 2020 Share Posted June 29, 2020 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! Link to comment Share on other sites More sharing options...
Alpo Posted June 29, 2020 Share Posted June 29, 2020 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. Link to comment Share on other sites More sharing options...
Smuteye John SASS#24774 Posted June 29, 2020 Share Posted June 29, 2020 5 hours ago, Sedalia Dave said: Florida no. Alabama maybe. How about Federal since he crossed state lines? Link to comment Share on other sites More sharing options...
Major Crimes Posted June 29, 2020 Share Posted June 29, 2020 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 Link to comment Share on other sites More sharing options...
Cold Lake Kid, SASS # 51474 Posted June 30, 2020 Share Posted June 30, 2020 Could Alpo be sued in Civil Court for violation of Ken L. Ration's Civil Rights? Could he be sued by Ken's family? Link to comment Share on other sites More sharing options...
Ramblin Gambler Posted June 30, 2020 Share Posted June 30, 2020 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. Link to comment Share on other sites More sharing options...
Badlands Bob #61228 Posted June 30, 2020 Share Posted June 30, 2020 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. Link to comment Share on other sites More sharing options...
Marshal Mo Hare, SASS #45984 Posted June 30, 2020 Author Share Posted June 30, 2020 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’. Link to comment Share on other sites More sharing options...
Abilene Red Posted June 30, 2020 Share Posted June 30, 2020 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). Link to comment Share on other sites More sharing options...
Marshal Mo Hare, SASS #45984 Posted June 30, 2020 Author Share Posted June 30, 2020 If nothing else I suspect the Feds would indict as a civil rights violation, deprived of life, liberty, or pursuit of happiness. Link to comment Share on other sites More sharing options...
Badlands Bob #61228 Posted June 30, 2020 Share Posted June 30, 2020 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. Link to comment Share on other sites More sharing options...
Marshal Mo Hare, SASS #45984 Posted June 30, 2020 Author Share Posted June 30, 2020 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. Link to comment Share on other sites More sharing options...
Father Kit Cool Gun Garth Posted June 30, 2020 Share Posted June 30, 2020 In either case...it appears that ALPO wins! Link to comment Share on other sites More sharing options...
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