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News & ArtsThursday, April 23, 2009
Drugs Winning The War On Drugs
Posted by Dan Savage on Thu, Apr 23, 2009 at 5:46 AM
The mayor of Jackson, Mississippi, has drawn fourteen opponents as he runs for reelection this year—oh, and he may go to prison on charges of violating the civil rights of a handful of his constituents.
The trial—his third on the issue in three years—stems from Mr. Melton’s admitted role in leading a group of young men armed with sledgehammers in destroying a duplex where they believed drugs were being sold. No drugs were found, and federal prosecutors have charged Mr. Melton with conspiracy to violate the civil rights of the residents.Mr. Melton admits to ordering the demolition, but has said he should be exonerated because he acted with the good intention of cleaning up crime in a drug-infested neighborhood.
Good intentions may get him off. One jury, at a state trial, acquitted him, and his first trial on federal charges "ended with a hung jury," says the NYT. Federal prosecutors "now hope to convict him by dropping one of the charges and selecting new juries." Double and triple jeopardy seems unfair—maybe even unconstitutional—but no doubt the prosecutors involved are acting with the best of intentions.
1
Why is no drugs were found bolded? Would the unlawful search of private property be okay had it succesfully uncovered a crime? This was a violation of civil rights regardless of the result. Ends do not justify the means in these situations.
3
He's probably going to use the famous "If Joe Don Baker and the Rock can get away with it in Walking Tall why can't I?" defense.
4
Double jeopardy only protects you from prosecution for the same acts in the same court after a resolution on the merits. In the United States it is conceivable that a person would be convicted three times for the same act: once in a tribal court, once in a state court, and once in a federal court. Double jeopardy would not prohibit any of those prosecutions (although other rules might).
As for being tried twice in Federal court, it is permissible when the first trial was inconclusive. He was neither convicted nor acquitted so the case may be tried again.
As for being tried twice in Federal court, it is permissible when the first trial was inconclusive. He was neither convicted nor acquitted so the case may be tried again.
7
@5 has it. Double jeopardy applies only after the jury acquits (or in some circumstances after the prosecution dismisses the case, but that isn't applicable here.)
10
Once again dan proves he should stick to transit and sex writing-leave lawyering and international affairs to those better educated for the task.
11
Still no attention paid to torture revelations. The torture was to find a link with Iraq when it didn't exist...they used torture methods designed to get false information ...so in addition to constituting hundreds of US felonies (really, waterboarding one guy 183 times!) and international law crimes, the torture was in furtherance of that one great big high crime and misdemeanor of faking a war to expand power corruptly. That whole impeachment thang. Before it was about "cherry picking" intell; now it's about using torture to create false intell for the war. Okay, forget it, go back to slamming J. Carville, an idiot mayor down south. That's all noteworthy too. But remember, Obama didn't want to release these memos in the first place and didn't want to prosecute in the first place and it's only because of litigation the memos got out and because of grass roots pressure the issue is being pushed. 'Twould be worthy of a bit more pushing here, IMHO.
Ciao-
Ciao-
12
Fuck off, PC. Take it somewhere else. You have the rare gift of being wrong even when you're right.
I don't understand why they're trying Mr. Melton at all; why don't they just destroy his house? After all, in Jackson, you don't have to be found guilty first, or even guilty at all, before they bring in the sledgehammers.
Mississippi Goddamn.
I don't understand why they're trying Mr. Melton at all; why don't they just destroy his house? After all, in Jackson, you don't have to be found guilty first, or even guilty at all, before they bring in the sledgehammers.
Mississippi Goddamn.
13
Well off-topic as it may be, the Stranger staff since they are soooo interested in writing about international affairs SHOULD talk about this. The national media (including National Petroleum Radio) is now really heavily starting to frame the memos as a debate over whether it was torture or not, and our country's heated discussion over "harsh interrogation techniques." Sounds like "climate change" and "economic downturn" to me. Please, its fucking torture, global warming, and recession. The focus on southern fried crackers making a stink is so.....minimal.
14
What is it with Southerners not understanding the Constitution? Ever heard of due process? The Fourth Amendment? This guy should be charged with with vandalism like the common criminal he is.
15
@14
Southerners despise the 14th Amendment, so they don't think the Constitution has to apply to them (unless they want it to).
SECEDE, YOU ASSHOLES
Southerners despise the 14th Amendment, so they don't think the Constitution has to apply to them (unless they want it to).
SECEDE, YOU ASSHOLES
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