Friday, May 16, 2008
 
Where There's A Headline, There's A Way (To Prosecute)
Finally, after the initial furor has died down, some creative prosecutor has found a way to bring charges in the Child Commits Suicide In Response To Online Taunting case:
    The incident prompted an international cry for action, but Missouri and federal prosecutors here in St. Louis examined the circumstances shortly after Megan’s death, and passed on trying to build a criminal case. No law, they said, applied.

    Then, in January, the U.S. attorney in Los Angeles began issuing grand jury subpoenas, signaling a new interest in the case.

    MySpace is based in Santa Monica.

    Prosecutors are said to be seeking a felony fraud indictment under the legal theory that Lori Drew defrauded MySpace of computer time and resources by supplying false information.

    In December, St. Charles County Prosecuting Attorney Jack Banas said that the circumstances surrounding Megan's death defied a simple placement of blame.
After local and localized federal prosecutors decided no laws were broken, another, more ambitious headline-hungry creative prosecutor has found a way to advance his career get his name in the national papers serve justice.

In twenty-first century America, forget double jeopardy. You're not safe from prosecution or persecution until everyone in government service has a crack at you.

(Yes, I know that double jeopardy applies to actual prosecution. However, it's enough now that any act brings the possibility of numerous charges in multiple jurisdictions that make it clear that the principles behind double jeopardy, that the government and its individual executors shall not continuously hound a private citizen, are violated de facto but not de jure.)


- posted by Brian J. @ 3:25 PM
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