Weekend Reads: Supreme Court double jeopardy case could impact presidential pardon power - PressFrom - Canada
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Weekend ReadsSupreme Court double jeopardy case could impact presidential pardon power

21:30  06 december  2018
21:30  06 december  2018 Source:   cnn.com

Supreme Court rules today in 'critically important' press freedom case

Supreme Court rules today in 'critically important' press freedom case Canada's top court will release a decision this morning in a high-profile case that pits journalists' ability to protect their sources against police officers' ability to conduct investigations. Vice Media reporter Ben Makuch is challenging an Ontario Court of Appeal ruling that ordered him to hand over to the RCMP the background materials he used for stories on an accused terrorist. The case dates back to 2014, when Makuch wrote three stories about Farah Mohamed Shirdon, a former Calgary resident, and his ties to the Islamic State.

The Supreme Court grappled on Thursday with a case concerning an exception to the Fifth Amendment's ban on prosecuting an individual twice for the same offense in a case that could also possibly impact President Donald Trump's pardon power as it applied to the Robert Mueller probe.

The Supreme Court on Thursday will consider an exception to the Fifth Amendment's ban on prosecuting an individual twice for the same offense in Decades ago, the Supreme Court developed an exception to the Fifth Amendment's double jeopardy clause and it is now being asked to rethink

Supreme Court double jeopardy case could impact presidential pardon power© Chip Somodevilla/Getty Images WASHINGTON - JUNE 29: "Equal Justice Under Law" is carved into the facade of the United States Supreme Court building June 29, 2009 in Washington, DC.

The Supreme Court on Thursday will consider an exception to the Fifth Amendment's ban on prosecuting an individual twice for the same offense in a case that could also possibly impact President Donald Trump's pardon power as it applies to the Robert Mueller probe.

Decades ago, the Supreme Court developed an exception to the Fifth Amendment's double jeopardy clause and it is now being asked to rethink precedent.

The so-called "separate sovereigns exception" provides that a person can be tried twice for the same offense if the prosecutions occur in state and federal courts. The rationale is that the states and the federal government are different sovereigns.

Reporter must hand notes to RCMP, court rules

Reporter must hand notes to RCMP, court rules OTTAWA - The Supreme Court of Canada says a reporter must give the RCMP material he gathered for stories about an accused terrorist. The 9-0 decision is likely to be seen as a defeat for media that could leave them vulnerable to serving as investigative arms of the police. In 2014, Vice Media reporter Ben Makuch wrote three articles about the involvement of Farah Shirdon, formerly of Calgary, with the Islamic State of Iraq and the Levant. Shirdon had left Canada for Turkey in March of that year. A month later, he appeared in an ISIL propaganda video that turned up on the internet.

The Supreme Court on Thursday will consider an exception to the Fifth Amendment's ban on prosecuting an individual twice for the same offense in Decades ago, the Supreme Court developed an exception to the Fifth Amendment’s double jeopardy clause and it is now being asked to rethink

The Supreme Court grappled on Thursday with a case concerning an exception to the Fifth Amendment’s ban on prosecuting an individual twice for the same offense in a case that could also possibly impact President Donald Trump’s pardon power as it applied to the Robert Mueller probe.

Critics contend that in the modern day it leads to harassment of defendants -- especially the poor -- who can't afford to fight on two fronts. They also point to a recent trend they argue has led to an increase of federal prosecutions in areas that had traditionally been left to the states.

In addition, it could also impact the presidential pardon power, leading to a question of what would happen if President were to pardon an individual like his former campaign chairman Paul Manafort for federal offenses. Under the exception, a state could conceivably bring a prosecution for the same crimes. That might not occur if the court were to strike the exception.

The case before the justices Thursday is brought by Terance Gamble, who was convicted of second-degree robbery in Alabama in 2008 and 2013. He was subsequently stopped in 2015 and found with a weapon in his car. Federal and state law forbid a convicted felon from possessing a firearm. After convictions in both federal and state courts, Gamble said that his dual convictions prolonged his incarceration by three years.

Supreme Court to deliver ruling on leave to appeal for Toronto cop convicted in death of Sammy Yatim

Supreme Court to deliver ruling on leave to appeal for Toronto cop convicted in death of Sammy Yatim Ontario’s Court of Appeal found Const. James Forcillo’s second round of shots was “clearly unnecessary and excessive.” His legal team is seeking to challenge the appeal court decision, arguing that the first and second volleys were “artificially” divided into two separate events, leading to the separate charges. @SCC_eng to release decision in application brought by James Forcillo for leave to appeal to that Court: https://t.

Why the Big Double Jeopardy Supreme Court Case Isn’t a Threat to the Mueller Probe. Gamble v. U.S. is not actually about the presidential pardon power . It is about the Fifth Amendment protection against double jeopardy and whether a defendant is safe from state prosecution after a completed.

Under current Supreme Court precedent, a presidential pardon of an individual does not prevent that individual from being A win for Gamble could also indirectly strengthen the President ’s pardon power , by precluding a state “ Supreme Court Agrees to Hear ‘ Double Jeopardy ’ Case in the Fall.”

An appeals court ruled against him citing Supreme Court precedent which, the court said, "has determined that prosecution in federal and state court for the same conduct does not violate the Double Jeopardy Clause because the state and federal governments are separate sovereigns."

Gamble appealed to the Supreme Court, asking it to overrule the separate sovereigns doctrine.

In court papers, Gamble's lawyers argued that "for centuries" federal and state criminal justice systems operated with little to no overlap and that state criminal law was dominant.

In the modern day, they say, that has changed.

Presidential pardon power limits?

Although the case does not touch on the special counsel's investigation, some believe that it might have ramifications for Manafort. The President has not ruled out the possibility of a pardon. If the Supreme Court strikes down the exception, a state could, theoretically, prosecute him.

Supreme Court asked to reconsider Quebec National Assembly kirpan ban

Supreme Court asked to reconsider Quebec National Assembly kirpan ban A Sikh man and woman who were barred from entering Quebec’s legislature while wearing kirpans have filed a motion for reconsideration.

Why the Big Double Jeopardy Supreme Court Case Isn’t a Threat to the Mueller Probe. Gamble v. U.S. is not actually about the presidential pardon power . It is about the Fifth Amendment protection against double jeopardy and whether a defendant is safe from state prosecution after a completed

Gamble v. United States is a pending United States Supreme Court case about the separate sovereignty exception to the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution

"There's more than nothing to the concern that, if the court overturns the separate-sovereigns doctrine, a state could not then prosecute someone like Paul Manafort for the federal crimes for which he might be pardoned," said CNN legal analyst and University of Texas Law School Professor Steve Vladeck.

"But the criminal jurisdiction of states tends to be so much broader than the federal government that such a move might not close the door to all potential criminal liability in such cases," Vladeck added.

Adam Kurland, a profess of law at Howard University School of Law, doubts the case will impact the Mueller investigation.

"New York law already has a statute that limits some state prosecutions based on the same conduct as a prior federal prosecution," he said in a statement.

The Justice Department has urged the court to uphold the separate sovereigns exception, citing the intent of the framers.

"The framers wrote the Constitution to manifest the sovereign power of the United States and the states, including the power to enforce their own criminal laws," argued Principal Deputy Solicitor General Jeff Wall in court papers.

Wall also argued that under longstanding policy, the government only pursues a federal prosecution when the state case has left "substantial federal interest demonstrably unvindicated."

Supreme Court strikes down victim surcharges.
The Supreme Court of Canada says a law that makes people convicted of crimes pay surcharges to helps victims is unconstitutional. In a 7-2 decision delivered this morning in Ottawa, the Supreme Court found the mandatory victim surcharge amounts to cruel and unusual punishment. The court says the surcharge creates a crushing financial burden on poor people and places them under constant threat of being arrested and jailed if they do not pay. Judges have been forced to impose a one-size-fits all punishment that does not take into account the individual's ability to pay, the court says.

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