This is for anyone who knows laws for people rights. I feel like I am getting tried in my college for an offense which has already come up before, although in the other occurances it did not get me in trouble.
I have a shot glass in my dorm room and 2 times before Resident Assistants had come in my room and seen the shot glass and not done anything about it making me feel that it was alright to have. One night however, when I was not in my room, It was taken from ym room and said to be not allowed on campus because it is alcohol related. When I went to the resident director about the siutation, she gave me probation for the rest of the year meaning strike 1 and on strike 3 you are kicked out of school.
Is this situation i'm in double jeapordy? even though I was never tried for it, it was still known I had shot glasses in my room and they suddenly decided to prosecute me for it
2007-11-24 10:49:41 · 13 answers · asked by john m 1 in Politics & Government ➔ Law & Ethics
To be considered double jeapordy you would have to have been charged both times and in an actual court of law.This is like at work we have practices that are accepted but go against policy and are overlookd by the powers that be untill its time for an inspection. Another similiar example would be the asian massage parlors you see in the city. Everyone knows what goes on in them everyday and nothing happens to them. They are commonly frequented by cops and elected officials but the parlors get busted from time to time and get fined. Then in a few days they are back up and running....
I hope this helps you with your question..........
2007-11-24 11:24:51 · answer #1 · answered by 30269 2 · 0⤊ 0⤋
There are really two answers to your question:
1. No, this is not a case that represents double jeopardy. Double jeopardy states that no individual can be tried for the same crime twice USING THE SAME EVIDENCE. There has to be a trial in a court of law before double jeopardy can even be brought into the picture. Therefore, nothing about this case is relevant to double jeopardy.
2. The "laws" of college campuses, specifically dorms, are not the same as federal and state laws. There should be a student code of conduct or some legal document from your college which identifies offenses and their consequences. This is the particular "law" you should be using for your defense.
In this situation, the punishment seems grossly disproportionate to the offense. A shot glass in a dorm room hardly seems to be a reason for putting someone on a final warning. Most schools simply require students to take classes for alcohol related offenses.
This is most likely something that you can appeal, and I would research the relevant section of your school's code in order to effectively argue your case.
Good luck!
2007-11-24 11:10:30 · answer #2 · answered by juice 1 · 1⤊ 0⤋
In the spirit of the law, getting away with something once or twice doesn't mean it's okay to do it. For instance, most of the time I drive over the speed limit I don't get caught. This doesn't mean that when I -do- get caught, once in a while, I can plead that I speed all the time and that makes it okay.
But I don't understand why an empty shot glass should get you in trouble. You can drink liquor out of -any- kind of glass! Any bottle of water or anything could have liquor in it. What about a jar of olives? 8^)
I would want to see the bylaws or rules or whatever of your dorm, or your school. I'm sure you signed a copy of those before they would let you live there. Does it specifically mention shot glasses? Or does it broadly mention 'alcohol related' things? If the latter, you might have a case. You weren't caught with alcohol. If you'd been caught in the parking lot with a can of gasoline, you could make a molotov cocktail with that! Would that be 'terrorism' related? If you had prescription sleeping pills, would that be 'suicide' related? If you had a baseball bat would that be 'violence' related?
2007-11-24 10:57:18 · answer #3 · answered by Anonymous · 1⤊ 0⤋
The defintion of double jeopardy is : being placed on trial twic for the same crime. What you are discrbing is not double jeopardy. Let's say you mugged a woman. They put you on trial. They find you 'not guilty'. After that, they can't put you on trial agian. The law, the Contitution and the Bill of Right provents it. So yeah, you were never a victim of double jeopardy. And if I remeber correctly, it's in the 5th Amendment.
2007-11-24 11:01:23 · answer #4 · answered by Alexa 1 · 1⤊ 0⤋
It is not double jeopardy, but I think you have a valid argument. The simple fact that the shot glass is "alcohol related" does not hold water. I use shot glasses with my espresso machine. I use them to take medicine, etc. I would fight on that basis. You have no grounds to claim double jeopardy, though.
If you wanted to take it to the absurd, any tumbler would be a possibility to be used for alcohol...or any glass for that matter, they might as well take any orange juice, coke, or any other liquid commonly used in mixed drinks. To take a shot glass because it is most commonly used for alcohol is becoming more and more absurd because they are being used in more and more coffee shops.
2007-11-24 10:54:22 · answer #5 · answered by Anonymous · 0⤊ 1⤋
No, that's not double jeopardy. If, however, there is nothing about having shot glasses in the residence contract, they can't punish you for it. Also, unless you signed something saying they can inspect your room without you present, that's illegal search and seizure.
2007-11-24 10:55:36 · answer #6 · answered by DOOM 7 · 1⤊ 0⤋
No. In most schools displaying bottles, shot glasses, etc. aren't allowed in dorms. Therefore, it's your fault for not reading the rules so it's not double jeopardy.
2007-11-24 10:52:36 · answer #7 · answered by Seung Hee 5 · 0⤊ 1⤋
Laughter turn into in reality actual in providing you with the oftentimes happening to confirm if the double jeopardy clause is delivered on: this is, while you're convicted of two crimes and one in each of them is what they call a lesser blanketed offense, then the state ought to go with one. To be sparkling, you're charged with Crime X, and to be convicted of X the State has to tutor you probably did A, B, and C. you additionally are charged with crime Y, and to be convicted of Y, the State ought to tutor you probably did A and B. nicely, because of the fact Y is a lesser blanketed offense of X (all of its aspects have been aspects of X), the Double Jeopardy clause does not enable them to cost you with the two. as a result, i could wager littering and spitting on the sidewalk at the instant are not lesser blanketed offenses of one yet another. after all, "spitting" will require the state to tutor you spit, while littering won't.
2016-12-10 05:03:37 · answer #8 · answered by ? 4 · 0⤊ 0⤋
unfortunatly its not. its like a man robbing a bank with a cop watching and not doing anything the first time but when he sees him doing it a second time he busts him. totally legal. its there fault for not confronting u the first time but they still acted and it counts as your first offense. sorry. look on the bright side, its only probation. double jeopardy is getting tried for a something, getting your verdict, and then getting tried for it again. thats illegal. they cant punish u again for that same particular offense.
but if u got another one in there thinking your in the clear, your wrong. completely new situation so they can bust u again for a second offense
2007-11-24 10:57:30 · answer #9 · answered by Lane P 2 · 0⤊ 1⤋
This is not a double jeopardy situation. However, whoever took the shot glass is guilty of petty theft, and should be subject to disciplinary action.
2007-11-24 10:53:15 · answer #10 · answered by Anonymous · 1⤊ 1⤋