this post was submitted on 14 Dec 2024
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Today I Learned

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Didn't exactly learned this "today" but the first time I heard of this, I was kinda surprised at this fact. I thought y'all should know since there is a case in the news that people are calling for Jury Nullification or Pardons. That could get a bit tricky considering this Dual Sovereignty Doctrine.

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[–] [email protected] 32 points 3 days ago (1 children)

Pardons require a sympathetic governor, which will never happen.

Jury nullification requires that everyone on the jury votes not-guilty, which is a pretty high bar to hit.

A hung jury, on the other hand, simply requires one or more members of the jury to vote not-guilty. He could still be re-tried, of course, but having just one principled person is a lot easier than having all 12.

[–] Maggoty 5 points 3 days ago (1 children)

Iirc many states only call it a hung jury if a minority of jurors vote not guilty. The three outcomes are unanimous guilty, hung jury, and majority innocent.

[–] [email protected] 5 points 3 days ago (1 children)

A Hung Jury is Hung Jury, doesn't matter if its 11-1 or 1-11, prosecutor can retry.

Although usually prosecutors don't retry if majority votes not guilty, there's nothing really stopping them from retrying over and over (that is, unless the judge dismisses the case with prejudice).

[–] Maggoty 3 points 2 days ago

Huh, looks like I mixed in civil cases. Well this is why I'm not lawyer.

[–] [email protected] 5 points 2 days ago

Fun fact: A prosecutor can screw up a case so badly, no other prosecutor can or will pick it up.

[–] [email protected] 11 points 3 days ago (2 children)

This requires the crime to both be federally prohibited and under federal jurisdiction. Stuff like murder doesn't typically fall under federal jurisdiction unless borders are crossed or federal property is involved or something like that.

[–] [email protected] 2 points 3 days ago (2 children)

Does that include state borders, because he did cross those didn't he?

[–] [email protected] 1 points 2 days ago

It might mean the feds help search for him, not guaranteed to mean federal charges

[–] [email protected] 1 points 2 days ago

Not a lawyer, but I don't think the murderer crossing state lines matters. The murderer kidnapping the victims, crossing state boarders, and then killing does.

I presume attacking across the boarder would also count.

[–] [email protected] 2 points 3 days ago (2 children)

I'm not a lawyer, but I'm pretty sure his gun was illegal, and he carried it across state lines. Those gun charges are probably prosecutable under federal laws. The murder tho, I'm not really sure.

[–] [email protected] 9 points 3 days ago (1 children)

Generally speaking, homemade guns are legal at the federal level as long as they aren't otherwise prohibited (eg, full auto) and have enough metal to be picked up on a metal detector.

Feds usually only get involved in murder for things like serial killers or hate crimes.

[–] shalafi 3 points 3 days ago (1 children)

Don't you have to serialize them though? I understood you could use any scheme you like, and they don't have to be registered, but it must have some sort of serial number.

[–] FireTower 6 points 3 days ago

You don't have to serialize firearms you make* for your own personal use. You also don't need to register them either*. In fact there's restrictions on the federal government's ability to keep a registry of guns. 18 USC 926(a)(3). From a policy perspective it'd just be creating another possession based crime that's almost impossible to enforce. Because you could just pop a "1" on the side and claim that you sent in your registration paperwork but the government screwed up.

*True for title 1 firearms (most handguns, shotguns, and rifles) not certain other classes like those that machineguns or silencers fall into.

https://www.atf.gov/firearms/qa/how-does-person-register-firearm-or-remove-name-firearms-registration

[–] [email protected] -1 points 3 days ago (1 children)

He didn't carry it from New York to Pennsylvania, the police did.

[–] shalafi 4 points 3 days ago (1 children)

How's that? He used it in NY and they found him with it in PA.

[–] [email protected] -1 points 3 days ago

That's what they say happened, but it doesn't many any sense. It's a disposable 3D printed gun.

[–] [email protected] 6 points 3 days ago