Here is where the confusion starts...
Fifth
Amendment:
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.
(Fella did the underlining.)
I recommend an asterisk be placed after the word “limb” followed by this disclaimer, “Just kidding”.
There are many of my Dear Readers who are lawyers but that does not negate my right to my own Stupid (or is it?) Opinion about the Law of Our Land.
There are Strong Opinions out there about Kyle Rittenhouse and what did or did not happen during the Kenosha Rioting of 2020. I have my own Strong Opinion about it all but I am not doing this Blog Posting to discuss that with you. I want to appeal to Common Sense and Fairness and address a You Gotta Be Kidding Aspect of the Law of Our Land.
Put yourself into the middle of all of this and ask yourself to think about how you would feel if you were treated this way by the Law of Our Land (here come the bullet points)...
Ø You have just been through the legal wringer of what we call the Justice System for 15 months.
Ø You have been tried and found Not Guilty On All Counts.
Ø It is hard to describe how relieved you are.
Ø You are making plans about how you are going to go about getting back to a normal life when you see a Brilliant Former Prosecutor on TV explain in excruciating detail how you might again be Put On Trail to again defend yourself against all the Same Charges you have just been found Not Guilty On All Counts.
>>>Have you ever noticed that all TV “Experts” are Former This and Former That? It looks to me like you can’t be hired to the position of TV Expert unless you are Unemployed.
Ø You say to yourself, “Self, that is Double Jeopardy! I’ve seen many a TV Show about Double Jeopardy. I know Double Jeopardy when I see Double Jeopardy and this looks like Double Jeopardy to me!”
************
The TV “Expert” said there are two ways in which Rittenhouse could be Re-Tried on the Same Exact Charges that he had just been found Not Guilty On All Counts...
Ø He could be tried in Civil Court. It may be Legally Civil but to us who don’t know what we are talking about it does not look like a Civil Thing to do to someone who has just been found Not Guilty On All Counts.
Ø There is something in the law called the Dual Sovereignty Doctrine. If you want to read all about it, click here and have at it... https://constitution.congress.gov/browse/essay/amdt5-2-1-2-2/ALDE_00000859/ but here is a key excerpt from the link...
“We have here two sovereignties, deriving power from different sources, capable of dealing with the same subject-matter within the same territory. . . . Each government in determining what shall be an offense against its peace and dignity is exercising its own sovereignty, not that of the other.”
The more I read through the above link the more I became confused. I guess that’s why we have lawyers. They step in and take the place of our Mothers who could always stop us dead in our objections by simply saying, “Because I said so”. Our lawyers end our confusion by saying, “Because the law says so!”
In the 3rd paragraph above I asked you to put yourself in the middle of all of this. Are you still there? When the lawyer told you “Because the law says so” he simply told you How the Cow Ate the Cabbage. Do you feel better?
Would I kid u?
Smartfella
Lagniappe: Confused about my use of How the Cow Ate the Cabbage? Let the online Free Dictionary by Farlex explain it to you...
“The unadulterated truth about
something; the way something really is. Said especially of a truth that someone
does not want to hear or acknowledge.”
After having this Idiom explained to him, surely the Not-Guilty Guy (who is going back into court to do it all over again) must feel a lot better...Or does he?
