Crimes arising from the same criminal transaction are jeopardy-barred. Otherwise prosecutors could endlessly charge you with different statute violations if they lost the first few.
Edit: There are fact-specific arguments for separate criminal transactions for some stuff (like if the guy who killed the cop was first accidentally charged with trespass and then later identified as the killer, those are clearly two distinct criminal acts). But generally if the one crime shares some of the elements with the later crime, it’s going to be jeopardy-barred.
I say this as someone defending research integrity and not someone who wants to charge everyone with murder, but it’s a huge stretch to assume that existing deterrence research is generalizable here.
Current deterrence data is drawn from representative samples of the general prison population, meaning it’s heavily weighted toward crimes related to desperation, impulse, and mental health outcomes. Punishment doesn’t do a whole lot to deter the poverty-driven thefts or PTSD-reactive assaults, but that doesn’t mean it won’t stop privileged narcissists from hopping on their private jets for a dose of recreational insurrection. I don’t love unnecessary imprisonment, but I’d love to fine the privilege out from under these people and redirect it toward social justice.
ETA: I say this as someone who used to work in max security and thinks our entire system of retributive punishment is broken. But we do need to be careful about how we interpret data.
It’s not just about deterring the next people. It’s about locking these particular people up for a long ass time so that they’re no longer a threat to do it again.
So I was looking on the FBI website. One of the women looks like my cousin but the photo is kinda blurry. Since my cousin and her daughter both deleted their Facebook accounts yesterday, I reported her to the FBI.
At this point, I want Democrats to publicly dare Trump to issue a blanket pardon for all the participants of the failed QAnon Putsch. Make sure that the idea is in his head.
If he pardons them, it discredits Trumpism even more among Republicans who are not completely deplorable. If he doesn’t, we make it so that his followers are very aware that he had the power to do this and didn’t.
Very fair but I get a creepy crawly feeling on the back of my neck when arguments tread too close to “Well, sure, we would help minorities that are being terrorized but its just not practical, we would punish white people that are committing crimes but its just not practical”. That’s banality of evil stuff.
I think the people most likely to participate in a second attack are precisely the people who participated in the first. It’s not some random sampling of right wingers who got drafted for 1/6, and then another set for 1/17, and then another for 1/20, and then another set for 2022, and another for 2024. It’s the same people talking about doing all of them.
Not to mention that a felony conviction is a way, way bigger deal than a few misdemeanors when it comes to future financial prospects for these folks. If they’re a lot poorer, they’re going to have a lot harder time traveling to the next terrorist attack.
Of course, the people who most should face consequences and prison are the people at the top, not the foot soldiers. Hopefully at least some middle management like the Baked Alaskas of the world get nailed, so they’re not out there free to continue to organize people, but of course Cruz and Hawley and Trump will get off Scot free.
If prosecuting rioters just leads to more rioters then we are already fucked, because it doesn’t seem like we’ve done a lot of prosecuting of white supremacist rioters and yet here we are.
is there a list somewhere of people who have been identified and/or actually arrested? I know the big ones but e.g. I’m seeing people post (e.g.) cropped photos of these guys to qanon shaman’s left with captions like “phillyantifa” as “proof” that antifa caused the mayhem
I’m angry they aren’t charging these people with harsher punishments. However it does bring me some enjoyment thinking about how miserable the last few days at home must have been for him. I doubt his doctor wife was thrilled about losing patients and having to find a babysitter.
I don’t think DOJ policy should be set by how bad the feelings of the accused will be hurt or what kind of revenge they might seek. Fuck every last one of these people, from the murderers to the kidnap plotters to the selfie takers. Anything less than 20 years minimum for all is a joke.
These people probably aren’t going to get anywhere near that, so the left must gather any and all information on these people and disseminate it constantly so that it follows them around wherever they go as some sort of extralegal punishment.
Joking: Hopefully there’s no historical precedent for the letting the perpetrators of a right wing putsch off lightly
Reality: Whatever is the least amount of punishment necessary to deter these yahoos is fine
He caught a felony charge, which seems about right to me. Also it turns out he’s a stay-at-home dad who’s married to a doctor. That guy who said fragile masculinity was behind this riot was on to something.
Yeah, I still got prison after a fair trial and guilt proven beyond a reasonable doubt to a jury of peers as way, way less inflammatory to others than bombing their neighbors.
