Turns out deliberations were about 3 hours.It doesn't look good for the defendant when, in a multiple murder case, the jury takes just over a day to come to a verdict.
Darrell Brooks
Moderators: Prof, Judge Roy Bean
-
- Quatloosian Ambassador to the CaliCanadians
- Posts: 8247
- Joined: Thu Oct 27, 2011 2:45 am
- Location: The Evergreen Playground
Re: Darrell Brooks
I was wrong! I wrote;
"Yes Burnaby49, I do in fact believe all process servers are peace officers. I've good reason to believe so." Robert Menard in his May 28, 2015 video "Process Servers".
https://www.youtube.com/watch?v=XeI-J2PhdGs
https://www.youtube.com/watch?v=XeI-J2PhdGs
-
- Admiral of the Quatloosian Seas
- Posts: 731
- Joined: Thu Sep 11, 2014 8:20 pm
Re: Darrell Brooks
I first remember hearing about the practice of trying defendants in Federal court after a conviction in State court back in the sixties and seventies, used against those people, particularly police, who violated the civil rights of blacks.AndyPandy wrote: ↑Thu Oct 27, 2022 8:02 pmSo this is what happened in the McMicheal’s case and the death of George Floyd, the defendants were tried for murder in the State Courts but for hate crimes in a Federal Court, I was curious at the time, seems a bit like overkill to me, when you’ve been sentenced to life imprisoned already but you’re tried again in a different courtwserra wrote: ↑Thu Oct 27, 2022 1:19 pmNot exactly, although this may well be more information than you were seeking.
If someone commits a crime under state law within the state, then the state has subject matter jurisdiction. Period, full stop. This is Brooks' situation. The feds may also have jurisdiction, if the same acts constitute a crime under federal law and the requisite interstate nexus is present. It's called "concurrent jurisdiction". So just the lack of state jurisdiction (which is all but impossible if the acts were committed within the state) does not imply the presence of federal jurisdiction. Indeed, in concurrent jurisdiction situations, even double jeopardy does not operate to bar a federal prosecution after a previous state conviction - a much criticized doctrine called "dual sovereignty". This is not to be confused with "dual sovrunty", which is two idiots planning the downfall of the legal system in a Denny's.
I remember that the stated reasoning back then was that their state convictions might be overturned on appeal or they might be given generous parole terms, letting them go free. The Federal conviction was said to be a bit of a stopgap measure, so that, if they WERE released by the state, they wouldn't go unpunished.
That's sort of the same reasoning for sentencing a defendant to multiple consecutive life terms. They may be paroled from the first sentence, only to begin serving the second one.
-
- Admiral of the Quatloosian Seas
- Posts: 731
- Joined: Thu Sep 11, 2014 8:20 pm
Re: Darrell Brooks
And most, if not all, of that three hours was probably spent filling out the verdict forms for each of the 76 counts.
-
- Cannoneer
- Posts: 90
- Joined: Mon Nov 01, 2021 9:37 pm
Re: Darrell Brooks
I notice that it refers to the prosecution as “plaintiff”.
-
- Admiral of the Quatloosian Seas
- Posts: 1423
- Joined: Fri Jul 24, 2015 5:29 pm
Re: Darrell Brooks
-
- Quatloosian Federal Witness
- Posts: 7627
- Joined: Sat Apr 26, 2003 6:39 pm
Re: Darrell Brooks
The case of David DePape, the guy who broke into the Pelosi home and attacked Paul Pelosi, is an example of concurrent jurisdiction. Both CA and the feds are prosecuting him, quite lawfully.
"A wise man proportions belief to the evidence."
- David Hume
- David Hume
-
- Admiral of the Quatloosian Seas
- Posts: 2457
- Joined: Fri Dec 15, 2017 5:56 pm
- Location: M3/S Hubble Road, Cheltenham GL51 0EX
Re: Darrell Brooks
https://wapo.st/3OesFz6Washington Post wrote:A Wisconsin judge on Wednesday sentenced Darrell E. Brooks Jr. to six consecutive life sentences without chance of parole for his attack on a Christmas parade in November 2021 that killed six people and injured at least 48 others.
Never attribute to malice what can be adequately explained by stupidity - Hanlon's Razor
-
- Supreme Prophet (Junior Division)
- Posts: 6138
- Joined: Thu Apr 23, 2009 8:26 pm
- Location: In the woods, with a Hudson Bay axe in my hands.
Re: Darrell Brooks
Brooks's sentence reminds me of a story told to my Bar Review class by one of the professors, told to give us advice for when we actually took the exam.
A judge was sentencing a criminal to over 500 years in prison, thanks to a multiplicity of convictions and consecutive sentences. "But I can't ever complete those sentences," protested the convict.
"Do the best you can," was the judge's response before he left the bench.
A judge was sentencing a criminal to over 500 years in prison, thanks to a multiplicity of convictions and consecutive sentences. "But I can't ever complete those sentences," protested the convict.
"Do the best you can," was the judge's response before he left the bench.
"We've been attacked by the intelligent, educated segment of the culture." -- Pastor Ray Mummert, Dover, PA, during an attempt to introduce creationism -- er, "intelligent design", into the Dover Public Schools