Same Punishment twice for the same crime

[Emotiva]

Is it legal for someone to be punished for the same crime twice with the same punishment? The judge gave community service in court for possession of cannabis on school grounds. Child was also expelled from school along with the school board also giving community service.
So basically getting community service for the same crime twice.

 

[Zigner]

Is it legal for someone to be punished for the same crime twice with the same punishment? The judge gave community service in court for possession of cannabis on school grounds. Child was also expelled from school along with the school board also giving community service.
So basically getting community service for the same crime twice.

Just say no to drugs.
(And yes to your question.)

 

[adjusterjack]

Is it legal for someone to be punished for the same crime twice with the same punishment?

Yes.

If it was my child, he would be getting a third punishment after completing the first two.

 

[army judge]

So basically getting community service for the same crime twice

You appear confused about the issue of crime and punishment.

Try this example.

Bobby steals a $1.00 pair of earrings from Cheap Stuff Cheap.
Bobby is arrested.
Bobby is tried for the theft of the $1.00 pair of earrings.
A jury convicts Bobby of the theft.
Bobby receives a $2.00 fine.

Two days later, Bobby ups his game and steals a $2.00 pair of earrings.
Bobby is arrested AGAIN.
Bobby is tried for the 2nd theft.
Another jury convicts Bobby of another crime, similar charge.
This time the judge sentences Bobby to 60 days in the County Youth Correctional Facility.

Was Bobby's second conviction of theft violative of his Fifth Amendment Protection from Double Jeopardy?

No, Bobby committed TWO crimes, although both crimes alleged the same or similar charge.

Should Bobby continue committing the same crime another 100 times, Bobby could be convicted 100 times.

What Bobby is doing, and is receiving has NOTHING to do with "double jeopardy".

Read all about double jeopardy:

Double Jeopardy - FindLaw

Protections Against Double Jeopardy for Criminal Defendants

Scope of the Double Jeopardy Clause

 

[Emotiva]

You appear confused about the issue of crime and punishment.



Try this example.



Bobby steals a $1.00 pair of earrings from Cheap Stuff Cheap.

Bobby is arrested.

Bobby is tried for the theft of the $1.00 pair of earrings.

A jury convicts Bobby of the theft.

Bobby receives a $2.00 fine.



Two days later, Bobby ups his game and steals a $2.00 pair of earrings.

Bobby is arrested AGAIN.

Bobby is tried for the 2nd theft.

Another jury convicts Bobby of another crime, similar charge.

This time the judge sentences Bobby to 60 days in the County Youth Correctional Facility.



Was Bobby's second conviction of theft violative of his Fifth Amendment Protection from Double Jeopardy?



No, Bobby committed TWO crimes, although both crimes alleged the same or similar charge.



Should Bobby continue committing the same crime another 100 times, Bobby could be convicted 100 times.



What Bobby is doing, and is receiving has NOTHING to do with "double jeopardy".



Read all about double jeopardy:



Double Jeopardy - FindLaw



Protections Against Double Jeopardy for Criminal Defendants



Scope of the Double Jeopardy Clause

The crime was only committed once is what I'm saying. And child was punished twice with community service.

 

[Zigner]

The crime was only committed once is what I'm saying. And child was punished twice with community service.

Once by the court and once by the school. Perfectly legal.

 

[army judge]

The crime was only committed once is what I'm saying. And child was punished twice with community service.

If you (or the taxpayers of your state) supplied the little darling with an attorney, it might be wise to discuss your concerns with the child's attorney.

 

[zddoodah]

Is it legal for someone to be punished for the same crime twice with the same punishment?

The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution provides that no person shall be "subject for the same offence to be twice put in jeopardy of life or limb."

The judge gave community service in court for possession of cannabis on school grounds. Child was also expelled from school along with the school board also giving community service.
So basically getting community service for the same crime twice.

So...the child was punished by both the court system (presumably as part of the criminal prosecution) and by the school system? Not a violation of double jeopardy.

 

[army judge]

Just say no to drugs.
(And yes to your question.)

......

 

[Emotiva]

Once by the court and once by the school. Perfectly legal.

Ty. For your answer.

 

[Emotiva]

A little back story on my son's situation. First. My son doesn't do drugs. I know. I took him to a clinic and had him tested. 2nd, he was tricked by a girl to go across the street and get game from someone and bring it to her. He did this. Someone saw him hand her the game case and reported them. It turned out to be a Marijuana vape pen inside the case. Now i understand doing something stupid for a girl, dose not excuse you from getting in trouble. And I'm good with him getting the punishment he deserves. He needs to learn to make better choices. So maybe think before you post your don't do drugs gifs and actually try and help someone. You posted about double jeopardy. Nothing to do with what I was asking.

 

[Zigner]

A little back story on my son's situation. First. My son doesn't do drugs. I know. I took him to a clinic and had him tested. 2nd, he was tricked by a girl to go across the street and get game from someone and bring it to her. He did this. Someone saw him hand her the game case and reported them. It turned out to be a Marijuana vape pen inside the case. Now i understand doing something stupid for a girl, dose not excuse you from getting in trouble. And I'm good with him getting the punishment he deserves. He needs to learn to make better choices. So maybe think before you post your don't do drugs gifs and actually try and help someone. You posted about double jeopardy. Nothing to do with what I was asking.

You were given your answer.
Now, you are at a crossroads. Let your child suffer the consequences of his actions, or coddle him. Up to you.