tag:blogger.com,1999:blog-4098620.post7946781476675157695..comments2024-03-15T04:02:42.341-04:00Comments on CrimLaw: They can convict me of both charges?!? Blockburger and GarrettUnknownnoreply@blogger.comBlogger2125tag:blogger.com,1999:blog-4098620.post-10107591724807693752014-04-02T07:05:36.279-04:002014-04-02T07:05:36.279-04:00Whether Garrett completely eliminates double jeopa...Whether Garrett completely eliminates double jeopardy depends on point of view, I'll try to address this in a post soon. I tend to agree with you, but the courts disagree with us both.<br /><br />The goal here is to describe how things work. I can't pass statutes or constitutional amendments. All I can do is try to explain their actual implementation.Ken Lammershttps://www.blogger.com/profile/15646250142814585354noreply@blogger.comtag:blogger.com,1999:blog-4098620.post-39008548063047203622014-04-01T09:05:12.724-04:002014-04-01T09:05:12.724-04:00In effect then doesn't Garret pull the teeth f...In effect then doesn't Garret pull the teeth from protections of double jeopardy? "nor be put twice in jeopardy for the same offense." unless the legislature really wants to. <br />From the examples you gave of abduction charges it seems some prosecutors, and compliant courts, are doing their level best to completely avoid the spirit of the law in hopes of stacking charges. I understand it is disfavored, but I also understand the reason why it is disfavored. I propose it is so disfavored because prosecutors have a vested interest in seeing a person convicted, and have already convinced themselves of a person's guilt. A fairly common tactic has become to stack as many charges as possible in order to get a plea bargain or hedge their bets against a jury acquitting the person entirely. It also seems to have a few roots in the desire of politicians to appear tough on crime by pushing for harsher and longer sentences.<br /><br />But thanks for the description of how it actually works.JacobBe5noreply@blogger.com