 exocet_cmYou delete it, I'll find itPremium
join:2003-03-23
New Orleans, LA
kudos:2 | Swedish Double Jepeordy (sp) Does Sweden prevent the sentencing of a person for the same crime twice? If all four guys go to jail for one year they can just get back out and do it all over again huh? | |
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 |  44402812Hack The PlanetPremium
join:2006-08-28
Plattsburgh, NY | Re: Swedish Double Jepeordy (sp) said by Nightfall:said by exocet_cm:Does Sweden prevent the sentencing of a person for the same crime twice? If all four guys go to jail for one year they can just get back out and do it all over again huh? Double jeopardy only applies to the same crime. There are other copyright files that they host trackers for that could be used. Sure, you get tried for murder and are found guilty. You can't be tried for that murder again. Its not like you can get out of jail and kill 20 people and claim double jeopardy.  Sure if the glove don't fit? | |
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| |  DarkLogixPremium
join:2008-10-23
Baytown, TX
kudos:3 | Re: Swedish Double Jepeordy (sp) If the Glove don't fit you must aquit | |
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|  cdruGo ColtsPremium,MVM
join:2003-05-14
Fort Wayne, IN
kudos:5
 ·Frontier FiOS
| said by Nightfall:Double jeopardy only applies to the same crime. There are other copyright files that they host trackers for that could be used. The case centered around a dozen or two specific torrents that were listed on the site.
If the conviction is ultimately upheld, they could possibly face additional charges for other torrents. It would be hard to argue that evidence that convicted them initially wouldn't also convict them for other similar charges. However I would expect an attempt would be made to go after the service as whole instead of a "death by 1000 paper cuts" for individual files. However ultimately it may be futile as the defendants obviously aren't going to be able to pay millions in fines and having them sit in jail isn't going to magically make the site go away. And if they ultimately do get the site taken down, 10 more will pop up in their place (or existing trackers will grow in size).
If they are acquitted, I wouldn't expect attempts at further torrents to be successful either. A president is set. It's either legal or illegal. It can't be both for essentially the same argument except for who owns the copyright. | |
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| | said by exocet_cm:Does Sweden prevent the sentencing of a person for the same crime twice? If all four guys go to jail for one year they can just get back out and do it all over again huh? This is not double jeopardy. A mistrial means start all over again and verdicts are thrown out. | |
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| exocet_cmYou delete it, I'll find itPremium
join:2003-03-23
New Orleans, LA
kudos:2
1 edit | Re: Swedish Double Jepeordy (sp) said by moonpuppy:said by exocet_cm:Does Sweden prevent the sentencing of a person for the same crime twice? If all four guys go to jail for one year they can just get back out and do it all over again huh? This is not double jeopardy. A mistrial means start all over again and verdicts are thrown out. I know what a mistrial is.
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"I have measured out my life with coffee spoons..." - T.S Eliot
"I have often regretted my speech, never my silence." - Publilius Syrus
Ma blog: »www.johndball.com | |
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| |  SteveI know your IP addressConsultant
join:2001-03-10
Yorba Linda, CA
kudos:5
1 edit | Re: Swedish Double Jeopardy said by exocet_cm: I know what a mistrial is. Perhaps, but it appears that you don't know what double jeopardy is (in the US, at least); it only applies if they have received a not-guilty verdict. Once that happens, the matter is closed.
But a guilty verdict means things can keep rolling along.
Steve
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Stephen J. Friedl | Unix Wizard | Microsoft Security MVP | Orange County, California USA | my web site | |
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| | | exocet_cmYou delete it, I'll find itPremium
join:2003-03-23
New Orleans, LA
kudos:2 | Re: Swedish Double Jeopardy said by Steve:said by exocet_cm: I know what a mistrial is. Perhaps, but it appears that you don't know what double jeopardy is (in the US, at least); it only applies if they have received a not-guilty verdict. Once that happens, the matter is closed. But a guilty verdict means things can keep rolling along. Steve I know what double jeopardy is in the United States, I'm asking about Sweden.
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"I have measured out my life with coffee spoons..." - T.S Eliot
"I have often regretted my speech, never my silence." - Publilius Syrus
Ma blog: »www.johndball.com | |
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| | | cdruGo ColtsPremium,MVM
join:2003-05-14
Fort Wayne, IN
kudos:5 Reviews:
·Frontier FiOS
| said by Steve:Perhaps, but it appears that you don't know what double jeopardy is (in the US, at least); it only applies if they have received a not-guilty verdict. Once that happens, the matter is closed. But a guilty verdict means things can keep rolling along. No. Double jeopardy applies not only to not-guilty verdicts, but also to retrials after conviction and also multiple times for the same offense. For instance, if a person has been convicted and sentenced to manslaughter but after sentencing new evidence is found that would qualify for a 2nd degree murder, they can't be retried and convicted. They also couldn't be retried for the same manslaughter again after they had been released.
However, if a person is acquitted of murder, it's still possible for the state to prosecute on conspiracy to commit murder as it's sufficiently different from the initial charges (at least in lady liberty's blindfolded eyes). | |
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KearnstdElf WizardPremium
join:2002-01-22
Mullica Hill, NJ | well either way if they win the right to a retrial they get a new judge which means a new point of view.
now do they also get a Jury in Sweden? id imagine they would get a new one of those too.
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[65 Arcanist]Filan(High Elf) Zone: Broadband Reports | |
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|  fatnesssubtleJanitor
join:2000-11-17
fishing
kudos:13 | Re: Swedish Double Jepeordy (sp) No jury, but they can have Abba music pumped into the courtroom.  | |
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| | jacourPremium
join:2001-12-11
Matthews, NC | Re: Swedish Double Jepeordy (sp) Abba music? Doesn't that constitute cruel and unusual punishment?  | |
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| | cdruGo ColtsPremium,MVM
join:2003-05-14
Fort Wayne, IN
kudos:5 Reviews:
·Frontier FiOS
| said by fatness:No jury, but they can have Abba music pumped into the courtroom. Well, it would be pretty ironic if Thank You For The Music was played... | |
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KearnstdElf WizardPremium
join:2002-01-22
Mullica Hill, NJ | just hope the court remembers to pay the display rights for the music.
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[65 Arcanist]Filan(High Elf) Zone: Broadband Reports | |
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