Today, 2/10/11 there was a story in the Appeal Democrat about a Hung Jury in Sutter county that reminded me of a Hung Jury in Yuba County where the Court ordered the defendant to be tried again. The posting did bring out that naysayer of old, Tom Ericson ( Javadad ) of Plumas lake who took up his habit of bad mouthing any post I do. The issue in the thread I was posting in was the Double Jeopardy Clause of Our USA Constitution, Bill of rights, that protects the Citizens from the Government trying a person in a court two times for the same charges. Every Grade school kid up until recently knew the constitution clause that said you can only be tried once, but there are posters who have forgotten what they learned and they insist that the Government can in fact over rule the constitution!
The issue is simple, the State and Federal constitutions both state the Double Jeopardy clause can not be nullified by the Government by stating the Defendant is presumed innocent unless the Prosecution proves Guilt beyond a reasonable Doubt. Then if the Prosecution does not, through the evidence, prove to the 12 Jurors beyond a reasonable doubt the defendant was guilty, the defendant is to be acquitted. The posters who have forgotten their school learning, say the Supreme Court ruled that a person can be tried twice but the Sipreme Court gets its power from the Constitution and can not overrule its master, therefore that reason doesn’t cut water.
People, the bill of rights are our only protection from the Government oppression of nullifying our bill of rights and requireing us to be retried for the same charges. This becomes closer to home when you have been placed in the position of Double Jeopardy by a local County. This Government wrongdoing must be stopped by the people through elections and reporting wrongdoing to as you see it.
What people are saying..