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IS THIS CONSTITUTIONAL?

A man who pleaded guilty to state charges (and served his time) in connection with aSeptember 2011 robbery of a McDonalds fast food restaurant will likely be forced to plead guilty to the same crime in federal court this week.

Otherwise, he could wind up spending the rest of his life behind bars.

Wait isnt it unconstitutional to charge someone a second time for the same crime?

Yes, it is. In addition to its famous prohibition against compelling an individual to testify against themselves, the Fifth Amendment to the U.S. Constitution holds that no one shall for the same offence be twice put in jeopardy of life or limb.

In other words once an individual has been either convicted or acquitted of a charge thats it. At least from a criminal standpoint.

In the case ofTimothy DaShaun Taylor, though, this protection apparently doesnt apply.

Why not? Because federal prosecutors believe the 26-year-old has not been forthcoming about his alleged knowledge of a famous 2009 kidnapping case one that remains at the heart of an ongoing unsolved mystery.

OnApril 25, 2009, 17-year-oldBrittanee Drexelof Rochester, New York vanished without a trace en route to meet friends at the Blue Water resort in Myrtle Beach, S.C.

Drexel who was on spring break at the time she disappeared hasnt been seen nor heard from since.

(Click to view)

(Via: YouTube)

Last August,Taquan Brown an inmate currently serving a 25-year sentence in a state prison told federal authoritiesDrexel was dead. In fact, the former confidential informant claims to have witnessed her death (or at least heard the gunshots that allegedly killed her).

According to Brown, Drexel was forcibly abducted by a group of black men in Myrtle Beach, S.C. that fateful April night eight years ago. These men allegedly beat her up, sexually assaulted her and transportedher to a stash house (or trap house) near McClellanville a small fishing village located on Highway 17 roughly halfway betweenMyrtle Beach and Charleston, S.C.

There, the story goes, Drexel was allegedly chained to a wall while the men who abducted her took money from other black males eager to f*ck the white girl aprocess known asbunnying.

At some point, according to Brown, Drexel somehow managed to free herself from her chains but was pistol-whipped, shot and killed before she could escape fromthe house. Drexels body was then allegedly taken to an alligator pit in the Santee region of the state where it was said to have been disposed of on May 2, 2009.

Brown accused Taylor and his father Timothy S. Taylor of participating in the bunnying of Drexel and possibly being involved in her murder. However according to attorneys for the younger Taylor, no evidence has been offered to support Browns claims.

Furthermore, after conducting searches at nearly forty possible alligator pit locations in and around Santee nothing has been uncovered.

In order to squeeze information out of Mr. Taylor, the feds sought and received permission from Washington, D.C. to indict him in federal court for the same charges hed already pleaded guilty to and served his sentence on in state court, the younger Taylors attorney, Mark Peper, told us.

Over the last year, we have proved that Mr. Taylor was in his third period class at Lincoln High School at the time he was alleged to have been with Drexel, and the Feds have realized that the inmates story has little to no merit, Peper added.

Case closed, right?

No

Federal prosecutors are still threatening to take Taylor to trial on the armed robbery charge. If convicted of this crime (which, again, he already pleaded guilty to at the state level), he could face life in prison.

Apparently, double jeopardy means nothing in the federal system, Peper told us. That said, we have no choice but to accept a plea offer wherein Mr. Taylor will be pleading guilty to conspiracy to commit armed robbery for a negotiated sentence of between ten to twenty years in prison; for a crime that hes already done his time on.

(Click to view)

(Via: Charleston County)

Taylors hearing before U.S. district court judge David C. Norton is scheduled for this week. Assuming he enters a guilty plea on the robbery charge (again), sentencing will be scheduled for later this summer.

Is this fair? Obviously there are multiple sides to every story, but based on everything weve seen up to this point in the case the answer is no.

According to Taylors attorneys, hes being punished for what he doesnt know.

This website has previously addressed such jurisdictional nebulousness as it relates to the high-profile mass murder case of Dylann Roof, the white supremacist who gunned down seven black parishioners at the Mother Emanuel A.M.E. church two years ago in the Holy City Massacre.

Roof confessed to his crime and confessed to his motive in committing it. And the evidence against him was incontrovertible. Accordingly, we believethe death sentence handed down in his case was entirely appropriate. Still, we believe the federal government usurped the states authority in his case filing a host of charges against Roof that needlessly duplicated the state charges previously filed against him (which, incidentally, moved forward despite the conclusion of the federal case against him).

This strikes us as wrong to say nothing of wasteful.

Unlike the open and shut Roof case, we have no idea what really happened to Brittanee Drexel. It could be her demise transpired precisely as the governments confidential informant has claimed. Or perhaps it happened in some other way. Or perhaps Drexel is still alive.

Again we dont know.

What we do know is that Taylors case appears to be yet another example of duplicative charges compromising the constitutional rights of an American citizen something we thought was addressed by the Fifth Amendment.

If the federal government has evidence to support the allegations made against Taylor by its confidential informant, then it should charge him in connection with Drexels 2009 kidnapping and murder. Absent that, we believe the federal government should drop its robbery charge against him seeing as he has already pleaded guilty and served his punishment at the state level.

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Double Jeopardy Case: Plea Likely | FITSNews - FITSNews

CHICAGO (Reuters) - A U.S. appeals court on Wednesday upheld Wisconsin's so-called right-to-work law, which bars mandatory union membership and prohibits unions and employers from requiring non-members to pay dues.

The plaintiffs did not provide "any compelling reason" for the 7th U.S. Circuit Court of Appeals in Chicago to revisit an earlier ruling upholding a right-to-work law in a similar case in Indiana, Judge Joel Flaum wrote.

Flaum was joined by Judge Michael Kanne and Judge Frank Easterbrook in the unanimous decision.

Two local affiliates of the International Union of Operating Engineers (IUOE) had argued that Wisconsin's law violates U.S. labor laws and a portion of the Fifth Amendment of the U.S. Constitution by preventing unions from collecting payment for services they are legally required to provide to non-members.

In September, U.S. District Judge J.P. Stadtmueller, citing a 2014 7th U.S. Circuit Court of Appeals ruling that upheld Indiana's similar right-to-work law, dismissed the lawsuit. The plaintiffs appealed to the 7th Circuit Court.

Wisconsin Attorney General Brad Schimel welcomed Wednesday's ruling, saying in a statement, "The decision from the United States Court of Appeals for the Seventh Circuit affirms what we have argued since this law was enacted in 2015, that right-to-work is constitutional.

"The Constitution does not protect a union's right to take money from non-union members and I'm proud to have defended the rule of law in Wisconsin."

The IUOE expected the ruling, said union attorney Scott Kronland, but maintains the decision was incorrect.

"It is fundamentally unfair for the unions to be required to provide services for free and the unions expect that their position will eventually be vindicated," he said in a statement.

The union is still considering its next step, Kronland said.

Wednesday's decision comes as an increasing number of U.S. states, particularly those with Republican-controlled legislatures, are enacting right-to-work laws.

In February, Missouri became the 28th state to pass right-to-work legislation, according to the National Right to Work Legal Defense Foundation.

Wisconsin Republican Governor Scott Walker, who emerged as a leading union antagonist during a 2011 fight over legislation to roll back public employee collective bargaining rights, had championed the state's right-to-work law.

When it was enacted in 2015 it drew thousands of protesters to Madison, the state capitol.

Editing by Patrick Enright and Bill Trott

Go here to read the rest:
US appeals court upholds Wisconsin 'right-to-work' law - Reuters

July 12, 2017 Athens, GreeceA satirical cover for a political news magazine was all it took to see its editor eventually sentenced to more than two decades in prison.

Cevheri Guven, editor in chief of Turkey's Nokta magazine, fled while out on bail late last year, smuggling his family out of a country he says is rapidly descending toward all-out dictatorship. He took refuge in Greece, where he applied for political asylum.

Mr. Guven is far from alone in feeling the full force of the Turkish government's wrath against press critical of President Recep Tayyip Erdogan, particularly after last year's failed coup attempt. About 160 journalists are currently in jail, mostly on terrorism-related charges, while more than 150 media outlets, from broadcasters to newspapers and magazines, have been shut down, leaving thousands unemployed.

Mr. Erdogan bristles at accusations he is muzzling the press, saying authorities are simply rooting out criminals. He disputes figures from rights groups about the number of imprisoned journalists.

"There can be no question of limitless freedoms in the press. If the media abuses all kinds of freedoms to cause turmoil in the country or to cause provocations, then there is the judiciary for them, too," he said Wednesday, addressing foreign investor representatives in Istanbul. "The judiciary will work for them, too. Nowhere in the world can there be limitless freedoms. The West does the same to freedoms and its media members."

Asked at the end of last week's G20 meeting in Hamburg, Germany, about the media situation, Erdogan again insisted that those arrested had been detained for criminal activity.

"Journalists commit crimes, too, and when they do the judiciary makes the necessary assessment," he said. "I want you to know that those you know as being members of the press are mostly people who aided and abetted terror."

Pressure on Turkey's media is nothing new. Ranked 155th out of 180 countries in the 2017 World Press Freedom Index, Turkey fared only marginally worse than it had the previous year, when it was ranked at 151. Some journalists in prison today have been there for years.

"Turkey is the world leader in jailing journalists and has decimated the independent print media and cracked down heavily on news websites and social media," said Emma Sinclair-Webb, Turkey director for Human Rights Watch. Most of the journalists now imprisoned "have not yet been convicted of any crime but face trumped-up terrorism charges," she said.

Rights groups have criticized Turkey for decades for imprisoning journalists. The country has seen at least three coups, in 1960, 1971, and 1980, each leading to regimes that restricted the media in various ways. Guven's own troubles started with a September 2015 magazine cover, long before last year's July 15 coup attempt.

But, he says, the coup aftermath, with its state of emergency granting authorities sweeping powers, has plunged the country to new lows.

"There have been [bad times] in Turkey, in the junta years," Guven said, speaking through a translator from his temporary home in Greece. "But now is the worst time for journalists."

He says some of his colleagues have been released from detention by court order, only to be re-arrested outside the prison gates. Others are held in isolation, and are threatened with life sentences.

"This shows that there is no chance for journalists to be free in Turkey," he said. Guven himself has been sentenced to 22.5 years in prison for a variety of terrorist-related crimes, including making propaganda for both the outlawed Kurdistan Workers' Party and Islamic cleric Fethullah Gulen, two groups that are hostile to each other. Erdogan blames Mr. Gulen, a former ally living in self-imposed exile in Pennsylvania, for the coup.

The situation in Turkey, Guven said, "is obviously" going toward a dictatorship.

Rights groups say critical reporting has been all but silenced by the detentions and sackings, which have included the editor and top staff at Turkey's most respected opposition newspaper, Cumhuriyet.

"The crackdown on the media is not only about censoring critical reporting," said HRW's Sinclair-Webb, "but about preventing scrutiny of government policies and of the deeply repressive measures taken under the ongoing state of emergency."

For Guven, serious problems began with Nokta's satirical cover in September 2015 depicting a smiling Erdogan taking a selfie in front of a Turkish soldier's flag-draped coffin. It was strong criticism of the president's reported comments that soldiers killed fighting Kurdish militants would be happy for their martyrdom.

The result: Distribution of the magazine was banned and police raided its offices, accusing its leadership of insulting the president. In May, Guven's colleague Murat Capan was caught trying to flee to Greece and has been imprisoned in Turkey, also on a 22.5-year sentence. Greek media said Mr. Capan had made it across the Greek border but was pushed back into Turkey, where authorities detained him. The Greek government denies pushing back asylum seekers.

Activists say the media crackdown has fostered a climate of fear which has led to self-censorship.

"The fact that there are journalists in jail is not the only proof of the lack of press freedoms in Turkey. The censorship and self-censorship imposed on media organs also remove press freedoms," Gokhan Durmus, head of the Turkish Journalists' Syndicate, said in a speech on May 3, World Press Freedom Day. "In our country, which is governed under a state of emergency, journalism is being destroyed. They are trying to create a media with one voice, a Turkey with one voice."

The purge has affected almost every sector of Turkey's professional classes, from the judiciary and military to academia, hospitals, kindergartens, businesses, and diplomats. Human rights activists, including members of Human Rights Watch and Amnesty International, have been among the latest wave of detentions.

Anyone deemed to be linked to Gulen's network of schools, charities, and businesses has fallen under suspicion. About 150,000 people have been detained, one-third of them formally arrested; more than 100,000 have been fired, sometimes for links as tenuous as using a particular bank.

Read more from the original source:
Turkey's Erdogan says 'journalists commit crimes, too' - Christian Science Monitor

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What You Should Do About Traning Seo Package - TrainingZone.co.uk (blog)

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Internet World Stats - Usage and Population Statistics