CREATOR OF TRIAL PETITION REPLIES STATING THE BASIS FOR THE PETITION

After I reposted the article regarding the petition asking for Casey to be tried in federal court for the murder of Caylee, the author of the petition sent a reply stating his basis for asking for the trial.

futtheshuckup

May 13, 2012 at 12:37 am  

Firstly, I want to thank you for posting this information about my petition. Secondly, I would like to leave a summary of the points contained in the petition itself in case anyone has a question about it. The petition is unique in that it addresses something no other petition has before – the policy that DOJ uses to determine whether or not they will take a case that has already been tried by a state, the Petite Policy, that was established in 1960 in US v. Petite.

Others have addressed the dual sovereignty doctrine, which is a doctrine that allows someone to be tried by the federal government after being tried by the state; the case of record there is US v. Lanza, 1922. Essentially, it says that double jeopardy only applies to one particular sovereign such that a person may only be tried only once by any given sovereign. The federal government is a separate sovereign from all of the states, which all have their own sovereignty. This is why the federal government can try a person after they have faced charges at the state level; they are a separate sovereign from the state where the trial took place.

The dual sovereignty doctrine says that they can charge someone with federal crimes after state proceeding while the Petite Policy says whether or not they will do that. The petition addresses that policy.

The Petite Policy of the United States Department of Justice ( http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/2mcrm.htm#9-2.031 ) states: “This policy establishes guidelines for the exercise of discretion by appropriate officers of the Department of Justice in determining whether to bring a federal prosecution based on substantially the same act(s) or transactions involved in a prior state or federal proceeding.

This policy precludes the initiation or continuation of a federal prosecution, following a prior state or federal prosecution based on substantially the same act(s) or transaction(s) unless three substantive prerequisites are satisfied:”

1. the crime involves a substantial and enduring federal interest.

The petition maintains that the protection of those Americans who, because of physical, psychological, or mental deficiencies, cannot protect themselves is and always has been both a substantial and enduring federal interest. Many government programs have been created for just that purpose, and America’s children constitutes one of those groups.

2. The prior prosecution must have left the stated federal interest demonstrably unvindicated.

One way this prerequisite can be met is by showing that the jury disregarded evidence in coming to their verdict. Statements given by jurors after the trial prove that they, in fact, failed to go over the evidence.

Another way this prerequisite can be met is if there was an unavailability of evidence. Judge Perry kept out a lot of evidence that should have been made available to the jury but was not because of his rulings. The petition cites an example of this.

A third way this prerequisite can be met is if the crime constituted egregious conduct, which the murder of a child certainly is egregious conduct.

Fourthly, this prerequisite can be met if it can be shown that “…the prior prosecution was manifestly inadequate to protect its….resource.” The petition addresses the prior prosecution’s failure to provide a deterrent to others who might attempt to murder their children in the way Ms. Anthony did, and in order to protect our children, it is necessary for the federal government to send a message of deterrence by prosecuting Casey Anthony.

3. The government must believe that the defendant’s conduct constitutes a federal offense, and that the admissible evidence probably will be sufficient to obtain and sustain a conviction by an unbiased trier of fact.

Murder is a federal offense, and there are other charges that are associated with this crime that the federal government could charge her with in addition to or to the exclusion of murder. The petition asks the DOJ to charge any and all offenses associated with this crime.

The evidence is also there to obtain and maintain a conviction; moreover there is other evidence that can be allowed in on the federal level that was not on the local level that goes towards doing both those.


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