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ghuffed | 3 months ago

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cogman10|3 months ago

Double Jeopardy [1] applies. If they had a better charge they should have brought it.

You can't be tried multiple times for the same incident.

[1] https://en.wikipedia.org/wiki/Double_jeopardy

mmooss|3 months ago

In the US you can't be tried multiple times on the same charges for the same incident by the same government body.

You can be tried by both the federal and the state governments, separately, on the same charges (that is, on equivalent federal and state charges).

I think you can be tried for the same incident, by the same government body, on different charges.

burnt-resistor|3 months ago

Interestingly, when a case is dismissed without prejudice, for mistrial, or appeal, it can be retried again and again. Flowers endured six trials with 2 mistrials and 4 capital convictions and 4 appeals including an overturn by SCOTUS. He can still be prosecuted for the 7th time.

Gigachad|3 months ago

In all reality if you just threw a sandwich at a stranger you'd likely get away with it. Society only functions because people don't want to throw sandwiches for no reason.

Seemingly most things that are technically illegal are rarely enforced because it's just too much work and not severe enough to be worth it.

nobody9999|3 months ago

>Surely they could (will?) be charged with something though, right? I mean if I walk down the street now and launch a sandwich at a random stranger, it's some form of assault. "Attempt to cause bodily injury" is a bit much, but it's something.

Littering?

Another, similar case[0] was also brought, in Massachusetts some time ago. And there were, at least temporarily, some negative impacts on the defendant[1].

[0] https://youtu.be/zPx2t7xoF1k?t=390

[1] https://youtu.be/zPx2t7xoF1k?t=657