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The Boundaries of Double Jeopardy

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The Boundaries of Double Jeopardy Thursday, 9.3.15 ON THE WEB: www.yankton.net views VIEWS PAGE: [email protected] PAGE 4 PRESS&DAKOTAN The Press Dakotan THE DAKOTAS’ OLDEST NEWSPAPER | FOUndED 1861 Yankton Media, Inc., 319 Walnut St., Yankton, SD 57078 CONTACT US OPINION OTHER VIEWS PHONE: (605) 665-7811 (800) 743-2968 NEWS FAX: Countering A (605) 665-1721 ADVERTISING FAX: (605) 665-0288 WEBSITE: Nuclear Pakistan www.yankton.net ––––– PITTSBURGH POST-GAZETTE (Sept. 1): Two Washington think SUBSCRIPTIONS/ tanks revealed last week that they believe Pakistan may be produc- CIRCULATION ing 20 nuclear warheads annually, which could put it third in the Extension 104 world, after the United States and Russia, by 2020. [email protected] The research institutions are the Carnegie Endowment for Inter- CLASSIFIED ADS national Peace and the Stimson Center. With U.S. and international diplomacy having focused primar- Extension 116 Thomas E. Simmons [email protected] ily on the Iran nuclear-sanctions deal, the Syrian civil war and the Israeli-Palestinian dispute in recent years, the ongoing frosty NEWS DEPT. relationship between India and Pakistan has not received major Extension 114 world attention. Pakistan cancelled last week the latest scheduled [email protected] round of talks with India, citing India’s insistence on discussing the The Boundaries Of SPORTS DEPT. sensitive Kashmir issue. Pakistan remains the only nuclear-armed Extension 106 Muslim majority state. [email protected] The United States, for its own reasons, has been reluctant to ADVERTISING DEPT. push either side toward peace. With Pakistan it has been the need Extension 122 to retain that country’s cooperation as the U.S. seeks to withdraw [email protected] Double Jeopardy its final troops from Afghanistan, where the Taliban maintains a BUSINESS OFFICE relationship with Pakistan. With India, it has been the need for the BY THOMAS E. SIMMONS The majority of the justices of the Nebraska Extension 119 United States to improve long-term relations there, particularly in University of South Dakota Supreme Court affirmed Ballew’s convictions, rea- [email protected] the commercial realm, where more U.S. arms may be sold. soning that because first-degree and second-degree NEW MEDIA: The situation between India and Pakistan is dangerous. Both Late one spring night a few years back, a party assault as defined by Nebraska’s criminal code Extension 136 have nuclear arms. They and Israel are the only three nuclear was going on inside an Omaha house. In the front require proof of different elements (a serious injury [email protected] powers that have not signed the Nuclear Non-Proliferation Treaty. yard, Joshua Ballew stabbed first Marshall Mock, for first degree assault and the use of a dangerous COMPOSING DEPT. Neither India nor Pakistan is a model of stability. Pakistan’s civilians then Tyler Waddell. weapon for second degree assault), no double Extension 129 and military continue their internal tug of war for pre-eminence. Police arrived on the scene. Ballew’s jeopardy violations occurred. [email protected] India’s prime minister, Narendra Modi, has a record of anti-Muslim right hand was bloody and he fit wit- Justice William Connolly dissented. nesses’ descriptions. He was arrested. “[A] court violates Nebraska’s double * * * actions and his government’s authority is being challenged by vari- ous elements. Later, a jury convicted him on all of the jeopardy clause by imposing cumulative MANAGERS The problems between these two countries are not insurmount- counts that the State had alleged. Lancas- punishments if the Legislature has not Gary L. Wood ter County District Judge Stephanie Stacy authorized it,” he wrote. able, but they could benefit from greater U.S. attention. Like many other court decisions , the Publisher imposed sentence. On appeal, Ballew argued that being outcome depended on a close reading of Michele Schievelbein convicted of both first-degree assaults a statute. Accordingly to Justice Connelly, Advertising Director and second-degree assaults for the same the Nebraska Unicameral contemplated a conviction of second-degree assault Jim Gevens ABOUT THIS PAGE stabbings violated his rights against double jeopardy. only when the defendant has been found Circulation Director The View page provides a forum for open discussion of issues and The double jeopardy clause can be Thomas E. not guilty of first-degree assault. “The Tonya Schild interests affecting our readers. Initialed editorials represent the opinion found in the Fifth Amendment to the SIMMONS statute does not permit the fact finder to Business Manager of the writer, but not necessarily that of the PRESS & DAKOTAN. United States Constitution. It states: “nor convict the defendant of both the higher shall any person be subject for the same and lesser degree offenses for the same Tera Schmidt Bylined columns represent the view of the author. We welcome letters on current topics. Questions regarding the Views page should be directed to offence to be twice put in jeopardy of life conduct,” he reasoned. Classified Manager A double jeopardy violation arose — Justice Kelly Hertz at [email protected]/. or limb.” A similar provision is found in Nebraska’s Kelly Hertz state constitution. Connelly concluded — because of the separation Editor Criminal offenders can be punished under more of powers doctrine which allows the courts and than one criminal statute for a single act. Ballew the Legislature to act only within their respec- James D. Cimburek IN HISTORY was also convicted and sentenced for separate tive spheres of authority. Although the Nebraska Sports Editor counts the crime of using a deadly weapon to com- Unicameral could — if it wanted to — permit two By The Associated Press tice William H. Rehnquist died in Arling- mit a felony. In addition, he was initially charged different assault convictions for a single act, it had Beth Rye Today is Thursday, September 3, the ton, Virginia, at age 80, after more than Digital Media Director 246th day of 2015. There are 119 days left three decades on the Supreme Court. with being a habitual criminal. That’s a total of not done so clearly. in the year. Five years ago: Defense Secretary seven counts for two stabbings. Where criminal statutes are ambiguous, a Kathy Larson Today’s Highlight in History: On Robert Gates toured U.S. bases and war Perhaps a more accurate way of describing rule of lenity precludes an interpretation in the Composing Manager September 3, 1783, representatives of zones in Afghanistan, saying he saw and a criminal conviction is to say that a jury found prosecutor’s favor. Instead, ambiguities in penal the United States and Britain signed the heard evidence that the American coun- Treaty of Paris, which officially ended the terinsurgency strategy was taking hold in beyond a reasonable doubt that the individual statutes are resolved in the defendant’s favor. Revolutionary War. critical Kandahar province. The Fox net- committed all of the particular elements of a given And, Justice Connelly noted, “the majority cites On this date: In 1189, England’s King work announced that Kara DioGuardi was offense. For an individual convicted of first-degree no case in which an appellate court has upheld * * * Richard I (the Lion-Hearted) was crowned stepping down as one of the judges on assault, the jury must find that he intentionally convictions of two separate degrees of the in Westminster Abbey. “American Idol,” following the departures caused serious bodily injury to another person. same crime for the same act.” State v. Ballew DAILY STAFF In 1658, Oliver Cromwell, the Lord of Simon Cowell and Ellen DeGeneres. Thus, the jury must find he intentionally caused an Reilly Biel Protector of England, died in London; he One year ago: President Barack now stands for that very proposition. Cassandra Brockmoller was succeeded by his son, Richard. Obama, during a visit to Estonia, harsh- injury, and that the injury was a serious one. In 1868, the Japanese city of Edo was ly condemned Russian aggression in Brandi Bue For an individual to be convicted of second-de- Thomas E. Simmons is an assistant professor renamed Tokyo. Ukraine as a threat to peace. President gree assault, there is no requirement that the injury Rob Buckingham In 1914, Cardinal Giacomo Della Obama also said the United States at the University of South Dakota School of Law Caryn Chappelear Chiesa became pope; he took the name would not be intimidated by Islamic State be serious, but there is an additional requirement in Vermillion. Simmons’ views are his own and Randy Dockendorf Benedict XV. militants after the beheading of American that jury find that the defendant used a dangerous not those of USD. Jeannine Economy In 1923, the United States and Mexico journalist Steven Satloff. A judge sen- instrument (such as a gun or a knife) rather than Rachel Frederick resumed diplomatic relations. tenced Theodore Wafer, a suburban De- just his fists. Jeremy Hoeck In 1939, Britain, France, Australia and troit man who’d killed an unarmed woman Nicole Myers New Zealand declared war on Germany, on his porch instead of calling police, to Robert Nielsen two days after the Nazi invasion of Po- at least 17 years in prison after telling the land, family of 19-year-old Renisha McBride he Diana Smallwood In 1940, Artie Shaw and his Gramercy would carry “guilt and sorrow forever.” David Stephenson Five recorded “Summit Ridge Drive” and Today’s Birthdays: “Beetle Bailey” Cathy Sudbeck “Special Delivery Stomp” for RCA Victor. cartoonist Mort Walker is 92. Actress JoAnn Wiebelhaus In 1951, the television soap opera Anne Jackson is 90. Actress Pauline Col- Brenda Willcuts “Search for Tomorrow” made its debut on lins is 75. Rock singer-musician Al Jar- Coping With Don-Don Alissa Woockman CBS.
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