Do I think the Hammonds should go back to jail - NO!
Do I think the 5 year mandatory minimum is excessive for what the Hammonds did - Absolutely!
However the US law states the is a 5 year MANDATORY minimum for the crime of arson. The first trial judge acknowledged this 5 year minimum sentence and even says in the sentencing transcript that he is not going to apply the mandatory minimum. Page 26/line 3
Furthermore even he predicted an appeal of his sentences would occur when he addressed the government's right to appeal on page 20/line 22.
There was no second trial only an appeal; not double jeopardy. If new information was brought up at the appeal it should have been disallowed. If not, the appeal court judge failed her duties.
Two very important points - for all of you who believe in tougher laws and to lock up and throw away the key justice - there are going to be cases like the Hammonds where justice is totally excessive!
Second, there is absolutely no way Obama or even the government is able to respond to this injustice to the Hammonds as long as the militia is involved. It would appear the government is bowing down to the militia. That won't happen. The longer the militia is involved the worst the case looks and is for the Hammonds.
Do I think the 5 year mandatory minimum is excessive for what the Hammonds did - Absolutely!
However the US law states the is a 5 year MANDATORY minimum for the crime of arson. The first trial judge acknowledged this 5 year minimum sentence and even says in the sentencing transcript that he is not going to apply the mandatory minimum. Page 26/line 3
Furthermore even he predicted an appeal of his sentences would occur when he addressed the government's right to appeal on page 20/line 22.
There was no second trial only an appeal; not double jeopardy. If new information was brought up at the appeal it should have been disallowed. If not, the appeal court judge failed her duties.
Two very important points - for all of you who believe in tougher laws and to lock up and throw away the key justice - there are going to be cases like the Hammonds where justice is totally excessive!
Second, there is absolutely no way Obama or even the government is able to respond to this injustice to the Hammonds as long as the militia is involved. It would appear the government is bowing down to the militia. That won't happen. The longer the militia is involved the worst the case looks and is for the Hammonds.
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