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Nevilledog

(51,025 posts)
6. The facts of Gamble are critical.
Mon Oct 1, 2018, 01:13 PM
Oct 2018

Gamble was prosecuted as a prohibited possessor in state court. After that conviction the Feds prosecuted him for the same prohibited possession. One event, one gun, one day. Both convictions were based on one set of facts for crimes that have identical elements. Both sentences he received were ordered to run concurrently. However, under federal sentencing guidelines, that sentences was 3 years longer than the state sentence.

The double jeopardy clause is ostensibly to protect someone from receiving separate punishments for the same action, or to be tried again after an acquittal. The prosecution in a single jurisdiction could not decide to retry someone after they were acquitted hoping the next jury would convict. In practical terms, the type of successive prosecutions in Gamble are not very common. If the Feds want to prosecute someone, states are usually more than happy to let someone else pick up the tab for prosecution and incarceration.

Gamble has zero to do with pardons. The state will always have the ability to charge someone for a state crime that is not identical in elements and events. Say someone is convicted for federal money laundering by funneling money through company A. Pardon of that offense would not keep a state from then prosecuting for money laundering pursuant to state law for funneling money through company B.

The only way trump could keep a person from being prosecuted for a state crime would be to issue a pardon saying Person X is preemptively pardoned for every possible federal crime committed at any time, anywhere, so long as the Fed. Crime is identical in elements and proof. Pretty fucking sure that would never happen. Even if he could do that, there are uniquely state based offenses no federal pardon would protect you from......for example, a pardon for evading federal taxes would never keep a state from prosecuting evading state taxes.

The amicus briefs filed in this case are pretty interesting, I urge people to read them all.
http://www.scotusblog.com/case-files/cases/gamble-v-united-states/


Can Trump pardon himself thus avoiding state charges? n/t CottonBear Sep 2018 #1
Wow, suddenly the cons are pushing for a change to the law they opposed for decades. Fred Sanders Sep 2018 #2
I don't understand why people are having a hard time understanding Gamble. Nevilledog Oct 2018 #3
explain this some more ProfessorPlum Oct 2018 #5
The facts of Gamble are critical. Nevilledog Oct 2018 #6
Thank you. EffieBlack Oct 2018 #7
You're very welcome. Nevilledog Oct 2018 #9
thank you for this ..... but ProfessorPlum Oct 2018 #10
Who exactly in the "GOP announces that he can't be tried twice in different jurisdictions"? EffieBlack Oct 2018 #11
I wasn't clear enough then. Nevilledog Oct 2018 #12
then why the need for a supreme court decision ProfessorPlum Oct 2018 #13
So, I'm reading Hatch's Amicus ProfessorPlum Oct 2018 #14
There's a lot of cooperation between the jurisdictions. Nevilledog Oct 2018 #16
if trump pardons manafort for say, tax evasion ...... rampartc Oct 2018 #4
A charge for violation of civil rights has different elements than a murder charge EffieBlack Oct 2018 #8
Question: shanti Oct 2018 #15
Gamble is about expanding double jeopardy rights Nevilledog Oct 2018 #17
That's not what I asked shanti Oct 2018 #18
Your question was legally incorrect as to the overturning of the Double Jeopardy Clause. Nevilledog Oct 2018 #21
Trump and his cronies are off the hook as soon as Kavanaugh is confirmed budkin Oct 2018 #19
Kompromat. ffr Oct 2018 #20
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