Is this double jeapordy?

Are they going to allow you to pay your fines in food stamps?

chacha

The spit itself is one form of litter, and the gum is another. When you spit in front of law enforcement and they look at you funny, say 'what seems to be the officer, problem?' They find it very funny I promise. Anyway you really don't have a case here and I think you might be pregnant.

Ssshhhh Im an undercover copâ„¢

That will teach you to spit won't it?!?!? Swallowing is the ONLY way to go!!!

â™ª Peace Ninja â™ª

it's late at nite.
you're stuck with me,
and i'm drunk.

Smarty Pants : )

Yes, there is no doubt in my mind that you
ARE definitely pregnant .......... !!!!!!!

John Tiggity

Laughter was essentially right in giving you the standard to determine if the double jeopardy clause is triggered: that is, if you are convicted of two crimes and one of them is what they call a lesser included offense, then the state must choose one. To be clear, you're charged with Crime X, and to be convicted of X the State has to prove you did A, B, and C. You are also charged with crime Y, and to be convicted of Y, the State must prove you did A and B. Well, because Y is a lesser included offense of X (all of its elements were elements of X), the Double Jeopardy clause does not allow them to charge you with both.

In this case, I would bet littering and spitting on the sidewalk are not lesser included offenses of each other. After all, "spitting" will require the state to prove you spit, whereas littering won't.

laughter_every_day

the test for whether a single act may constitute two crimes is in the elements of the two offenses. if it is possible for someone to commit each crime without committing the other. One can litter without spitting but the question is whether it is possible to spit on the sidewalk without also littering. One cannot know the answer until one examines the exact wording of both statutes.

~~~I am not here~~~

cowboys for ya.. I bet you could get a ticket for taking the lords name in vain down there...

Eric K

No - it's like if you were speeding and drinking, they could give you two sepparate offenses - but they usually combine them when you get to court.

E. Von Dahl

No, because spitting isn't technically littering, seeing as how it evaporates. But spitting? I didn't even know you could get charged for spitting on sidewalk haha

I guess we've all learned a valuable lesson here, yes?

justin y

To answer your question, no, its not double jeopardy. Double jeopardy would be if you did something bad (god forbid murder), and you are acquitted (they found you innocent). The court can't go back and prosecute you for the same crime.

teresa

Nope. Check your terminology. And your attitude. Then maybe you won't get so many tickets.

Invstrgadget

no. why don't you try opening up a book and figuring it out instead of spitting on the ground?

Jane

sorry...not double jeapordy....you just got 2 fines because you broke 2 laws..perfectly legal.

Double jeapordy is once you have been aquited (found not guilty) of a crime you can not be tried for the exact same crime again.

Steph

Hmm, it could depend on how you spin it, but I really don't think it is. It's not exactly the same crime, although that's really rediculous that he would do that... You could argue that it was just littering because technically it wasn't spit, though...

happygirl

no , if they convict you of both crimes they cannot incarcerate or find you guilty twice for the same incidents after you have served your time of course.. However if you do the same things again if front of the officer..=) as soon as you get out, new crimes, new charges.
So if you kill some one are found guilty go to prison and that person is still alive. when you get out. well.... rent the movie.

larmarine83

Another kid who thinks they know the law huh?

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