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5th Amendment Question- Urgent

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M

MootCourt

Junior Member
What is the name of your state (only U.S. law)? Florida

I would like to ask about the fifth amendment. I'm currently reviewing a case for the Moot Court program in my area, and a question was raised as to whether or not trying the client would be considered "double jeopardy".

The case has two laws that pertain to bullying; one law covers all of bullying, while the other covers only cyber bullying. These laws are fictional and for the purpose of competition only.

The larger statute covers not only physical and verbal bullying, but bullying through electronic means.

It actually uses the EXACT SAME wording as the cyber bullying law.

It seems to me that the plaintiff was charged for the same crime twice, as it were, seeing as though both laws target the same action.

Is this legal? Or am I way off?

I need this question answered as soon a possible. Thanky you.
--------

Ex.

Statute 1)

Bullying Policies...

3) Electronic act: Communication by means without limitation an image or communication... sent by phone, wireless device, computer, etc.



Statute 2)

Cyberbullying: Communication by means of electronic device... tectual, visual, written, oral... made through a computer or online service...

(Seems pretty similar, no?)
 


TheGeekess

TheGeekess

Keeper of the Kraken
MootCourt said:
What is the name of your state (only U.S. law)? Florida

I would like to ask about the fifth amendment. I'm currently reviewing a case for the Moot Court program in my area, and a question was raised as to whether or not trying the client would be considered "double jeopardy".

The case has two laws that pertain to bullying; one law covers all of bullying, while the other covers only cyber bullying. These laws are fictional and for the purpose of competition only.

The larger statute covers not only physical and verbal bullying, but bullying through electronic means.

It actually uses the EXACT SAME wording as the cyber bullying law.

It seems to me that the plaintiff was charged for the same crime twice, as it were, seeing as though both laws target the same action.

Is this legal? Or am I way off?

I need this question answered as soon a possible. Thanky you.
--------

Ex.

Statute 1)

Bullying Policies...

3) Electronic act: Communication by means without limitation an image or communication... sent by phone, wireless device, computer, etc.



Statute 2)

Cyberbullying: Communication by means of electronic device... tectual, visual, written, oral... made through a computer or online service...

(Seems pretty similar, no?)
Click to expand...
We don't do homework. :cool:
 
C

CSO286

Senior Member
MootCourt said:
What is the name of your state (only U.S. law)? Florida

I would like to ask about the fifth amendment. I'm currently reviewing a case for the Moot Court program in my area, and a question was raised as to whether or not trying the client would be considered "double jeopardy".

The case has two laws that pertain to bullying; one law covers all of bullying, while the other covers only cyber bullying. These laws are fictional and for the purpose of competition only.

The larger statute covers not only physical and verbal bullying, but bullying through electronic means.

It actually uses the EXACT SAME wording as the cyber bullying law.

It seems to me that the plaintiff was charged for the same crime twice, as it were, seeing as though both laws target the same action.

Is this legal? Or am I way off?

I need this question answered as soon a possible. Thanky you.
--------

Ex.

Statute 1)

Bullying Policies...

3) Electronic act: Communication by means without limitation an image or communication... sent by phone, wireless device, computer, etc.



Statute 2)

Cyberbullying: Communication by means of electronic device... tectual, visual, written, oral... made through a computer or online service...

(Seems pretty similar, no?)
Click to expand...


We don't do homework.
 
S

Silverplum

Senior Member
MootCourt said:
What is the name of your state (only U.S. law)? Florida

I would like to ask about the fifth amendment. I'm currently reviewing a case for the Moot Court program in my area, and a question was raised as to whether or not trying the client would be considered "double jeopardy".

The case has two laws that pertain to bullying; one law covers all of bullying, while the other covers only cyber bullying. These laws are fictional and for the purpose of competition only.

The larger statute covers not only physical and verbal bullying, but bullying through electronic means.

It actually uses the EXACT SAME wording as the cyber bullying law.

It seems to me that the plaintiff was charged for the same crime twice, as it were, seeing as though both laws target the same action.

Is this legal? Or am I way off?

I need this question answered as soon a possible. Thanky you.
--------

Ex.

Statute 1)

Bullying Policies...

3) Electronic act: Communication by means without limitation an image or communication... sent by phone, wireless device, computer, etc.


Statute 2)

Cyberbullying: Communication by means of electronic device... tectual, visual, written, oral... made through a computer or online service...

(Seems pretty similar, no?)
Click to expand...
Why do you think we would even be able to discuss your "competition case" with laws that don't exist? The "statutes" you quoted are incomplete sentences, at best. :rolleyes:

Do your own homework.
 
M

MootCourt

Junior Member
This isn't homework, for one. The statutes quoted from the docket are incomplete sentences because I took a few phrases from them, instead of distributing the whole thing.

Now, if you don't want to answer, fine. I honestly don't care. But don't waste my time by telling me that you're not going to respond.
 
S

Silverplum

Senior Member
MootCourt said:
This isn't homework, for one.
Click to expand...
Define it how you wish.

We call it, "your homework." And we don't do homework for students.

MootCourt said:
The statutes quoted from the docket are incomplete sentences because I took a few phrases from them, instead of distributing the whole thing.
Click to expand...
So how did you plan to get accurate answers?

MootCourt said:
Now, if you don't want to answer, fine. I honestly don't care. But don't waste my time by telling me that you're not going to respond.
Click to expand...
:rolleyes::rolleyes::rolleyes::rolleyes:

Don't waste OUR time with your silly half-written homework.
 
S

sandyclaus

Senior Member
Ok, so maybe it is a class assignment and not homework.

Same difference. Your job as the student is to do your own research on your assignments and projects, not try to find others who will do the studying for you.

We don't do the research for you. Does that make it clear enough for you?

If you need guidance or direction in how to approach your subject matter, TALK TO YOUR LAW PROFESSOR OR ADVISOR.
 
M

MootCourt

Junior Member
It is neither homework, nor a class assignment, nor a research project, or any other grade or material needed for school. And I have taken the time to talk with my Law Adviser, and the professor at my school, who told me that he wasn't sure, and directed me to this website. I'm not asking you to do research for me, but to work with a hypothetical problem. Honestly, for people who claim to be experienced in law, it should be a non issue.
 
I

Isis1

Senior Member
MootCourt said:
It is neither homework, nor a class assignment, nor a research project, or any other grade or material needed for school. And I have taken the time to talk with my Law Adviser, and the professor at my school, who told me that he wasn't sure, and directed me to this website. I'm not asking you to do research for me, but to work with a hypothetical problem. Honestly, for people who claim to be experienced in law, it should be a non issue.
Click to expand...
your PROFESSOR sent you here?? LOL!!!! cuz he/she KNEW what we were gonna say! we don't do hypotheticals either.
 
C

CSO286

Senior Member
MootCourt said:
It is neither homework, nor a class assignment, nor a research project, or any other grade or material needed for school. And I have taken the time to talk with my Law Adviser, and the professor at my school, who told me that he wasn't sure, and directed me to this website. I'm not asking you to do research for me, but to work with a hypothetical problem. Honestly, for people who claim to be experienced in law, it should be a non issue.
Click to expand...
Have you read the TOS? Do you know what we do here?

The FreeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues
Click to expand...
 
S

Silverplum

Senior Member
*sniff*

*sniff*

MootCourt said:
It is neither homework, nor a class assignment, nor a research project, or any other grade or material needed for school. And I have taken the time to talk with my Law Adviser, and the professor at my school, who told me that he wasn't sure, and directed me to this website. I'm not asking you to do research for me, but to work with a hypothetical problem. Honestly, for people who claim to be experienced in law, it should be a non issue.
Click to expand...
I smell a lie. A pretty big one, and I think a smaller one is in there as well.

:rolleyes:
 
A

antrc170

Member
If you understand the concept of double jeopardy then you need to think about the charges being applied at the same time.

Double jeopardy deals with being found not guilty on a charge and barring that charge from being brought forth a second time.

However, it does not apply to charges being brough at the same time. It is common practice in criminal cases because it gives the jury several different crimes to pick from basically.

Look up the Casey Anthony murder trial. You'll note that she was charged with several variations on murder.

The trick comes in the jury instructions. While you can be charged with several different versions of the same crime, you can only be convicted of one. So, you can be charged with first degree murder and felony murder. If you are convicted of first degree murder you cannot be convicted of felony murder for the same action.

Back up your argument with some case research. Casey Anthony, Bernie Madoff are two good ones. Good luck.
 
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