I’m saying they didn’t have to file those double charges in the first place. They chose to, knowing exactly how many problems it would cause for him. On purpose. As a torture method.
Actually, it’s arguably a huge prosecution mistake in Magione’s favor.
The federal charges were restrained by the circumstances of the event. They couldn’t do first or second degree federal homicide, because it didn’t meet any of the criteria of those crimes. Of course life without parole is a possibility, but there’s high chance that a lesser sentence results.
Knowing the way the state law works, the DOJ probably should have just let the state case play out, where they could have at least gone for second degree murder, with a significant mandatory minimum sentence if convicted.
Ok, well, unfortunately Luigi’s lawyers can’t travel back in time to prevent him being prosecuted, so filing for double jeopardy is the only way forward for them.
I’m sure there are plenty of people on their armchairs saying otherwise, but the defense attorney’s job is to defend their client to the best of their ability, which often translates into what is the best case scenario? The odds of double jeopardy were certain, while any form of trial and winning are so fantastically small that they’re irrelevant.
I’m saying they didn’t have to file those double charges in the first place. They chose to, knowing exactly how many problems it would cause for him. On purpose. As a torture method.
Actually, it’s arguably a huge prosecution mistake in Magione’s favor.
The federal charges were restrained by the circumstances of the event. They couldn’t do first or second degree federal homicide, because it didn’t meet any of the criteria of those crimes. Of course life without parole is a possibility, but there’s high chance that a lesser sentence results.
Knowing the way the state law works, the DOJ probably should have just let the state case play out, where they could have at least gone for second degree murder, with a significant mandatory minimum sentence if convicted.
Fascists do tend to be rather incompetent at being evil. Tale as old as time.
Ok, well, unfortunately Luigi’s lawyers can’t travel back in time to prevent him being prosecuted, so filing for double jeopardy is the only way forward for them.
Nobody said otherwise?
I’m sure there are plenty of people on their armchairs saying otherwise, but the defense attorney’s job is to defend their client to the best of their ability, which often translates into what is the best case scenario? The odds of double jeopardy were certain, while any form of trial and winning are so fantastically small that they’re irrelevant.
You said otherwise when you objected to them saying filing for double jeopardy is their only way forward.