Refusing service because of political party.

[Joods]

So let say I've got a restaurant. Let's also say I've got a wife. Let's say that one day while I was at work, a guy broke into my house and raped my wife and infected her with HIV. He was caught and arrested, and found guilty at trial. He appeals and his lawyer manages to find some small technicality that the prosecutor screwed up on so the verdict is over turned and he's a free man. 

Next day he walk into the restaurant and wants me to cook for him. Judge me all you want but no way am I serving that piece of shit anything.

Why didn't the prosecutor retry the case, or have you already knee capped him?

Double jeopardy would come into play here. The case was tried and went to the jury where a decision was rendered. Once that happens, you then need to go through the appeals process, which is evidently how the case got overturned.

Double jeopardy laws prevent the same person from having the same case tried against them twice, once a verdict has been returned.

[brewer]

Why didn't the prosecutor retry the case, or have you already knee capped him?

Double jeopardy would come into play here. The case was tried and went to the jury where a decision was rendered. Once that happens,  you then need to go through the appeals process,  which is evidently how the case got overturned.

Double jeopardy laws prevent the same person from having the same case tried against them twice, once a verdict has been returned.

I could be wrong but I believe that on appeal the previous verdict is thrown out, no new verdict is given (can't change guilty to innocent, just remove guilty). The prosecution then has to decide if they are going to retry the case or not. 

https://www.americanbar.org/groups/publi...peals.html

https://en.wikipedia.org/wiki/Double_jeopardy   (take note of valid acquittal or conviction)

I think I watch more Law and Order than you.

[Joods]

Double jeopardy would come into play here. The case was tried and went to the jury where a decision was rendered. Once that happens,  you then need to go through the appeals process,  which is evidently how the case got overturned.

Double jeopardy laws prevent the same person from having the same case tried against them twice, once a verdict has been returned.

I could be wrong but I believe that on appeal the previous verdict is thrown out, no new verdict is given (can't change guilty to innocent, just remove guilty). The prosecution then has to decide if they are going to retry the case or not. 

https://www.americanbar.org/groups/publi...peals.html

https://en.wikipedia.org/wiki/Double_jeopardy   (take note of valid acquittal or conviction)

I think I watch more Law and Order than you.

Google 5th amendment. It says the following:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

I will say that not every case goes through the appeals process. But a person cannot get tried for the same crime twice as it would violate their 5th amendment rights.

[johan]

So let say I've got a restaurant. Let's also say I've got a wife. Let's say that one day while I was at work, a guy broke into my house and raped my wife and infected her with HIV. He was caught and arrested, and found guilty at trial. He appeals and his lawyer manages to find some small technicality that the prosecutor screwed up on so the verdict is over turned and he's a free man. 

Next day he walk into the restaurant and wants me to cook for him. Judge me all you want but no way am I serving that piece of shit anything.

Why didn't the prosecutor retry the case, or have you already knee capped him?

Oh you poor thing. Must've been absent from school that day I guess. Here let me help you..


But silly me, I already know that link probably won't help. You'll likely need many hours of one on one lessons before the concept starts to make sense. Poor thing. So lets do this. Forget everything I said about the rapist and the court trial and we'll start over.

Let's say I've got a restaurant and a wife. One day I go home in the middle of the day to pick up a spare gallon of tomato sauce that I had stored in the garage. I go in the house and find my wife fucking some dude. Then I find out she's been fucking that dude for three years. The next day, the dude walks into my restaurant and wants to order lunch. I don't think I'd much want to cook for him and I don't think I should have to.

Happy now?

[brewer]

Why didn't the prosecutor retry the case, or have you already knee capped him?

Oh you poor thing. Must've been absent from school that day I guess. Here let me help you..


But silly me, I already know that link probably won't help. You'll likely need many hours of one on one lessons before the concept starts to make sense. Poor thing. So lets do this. Forget everything I said about the rapist and the court trial and we'll start over.

Let's say I've got a restaurant and a wife. One day I go home in the middle of the day to pick up a spare gallon of tomato sauce that I had stored in the garage. I go in the house and find my wife fucking some dude. Then I find out she's been fucking that dude for three years. The next day, the dude walks into my restaurant and wants to order lunch. I don't think I'd much want to cook for him and I don't think I should have to.

Happy now?

I was having a bit of fun, you're an ass.

---

I could be wrong but I believe that on appeal the previous verdict is thrown out, no new verdict is given (can't change guilty to innocent, just remove guilty). The prosecution then has to decide if they are going to retry the case or not. 

https://www.americanbar.org/groups/publi...peals.html

https://en.wikipedia.org/wiki/Double_jeopardy   (take note of valid acquittal or conviction)

I think I watch more Law and Order than you.

Google 5th amendment. It says the following:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

I will say that not every case goes through the appeals process. But a person cannot get tried for the same crime twice as it would violate their 5th amendment rights.

https://www.nolo.com/legal-encyclopedia/...ction.html

https://en.wikipedia.org/wiki/Double_Jeopardy_Clause

https://criminal.findlaw.com/criminal-ri...-ends.html

Sometimes you can be retired, sometimes you can't, depends on the details.

[johan]

I was having a bit of fun, you're an ass.

And I was doing the exactly same. Perhaps a check of your skin thickness is in order?

[brewer]

I was having a bit of fun, you're an ass.

And I was doing the exactly same. Perhaps a check of your skin thickness is in order?

Nope, your's had a whole different flavor and included personal attacks. You seem to be the one who can't take it and devolved.

[Silver]

[downbeatplumb]

Apparently some see this as a perfectly reasonable action. I don't, not when you're out trying to live your own life.

https://www.washingtonpost.com/politics/...e5714148cb

http://thehill.com/homenews/house/393874...lic-spaces

What do the rest of you think and where would you draw the line?

It seems like people are missing very good opportunities to piss in food.

[johan]

Nope, your's had a whole different flavor and included personal attacks.