of the crimes charged “beyond a reason-
much easier to hold someone civilly li-able;for;a;crime;even;if;the;jury;finds;him
judicata. The acquittal was ‘merely . . . an
Questions for Discussion:
1.;Why would a right considered sacred
risk would there be if you did not
cannot;be;placed;in;jeopardy;of;con-viction a second time and makes no
when would a court allow you to be
4. What logic is there in allowing a
5.;Does it make sense to let someone
sue you even when you were found
Kevin Mark Smith is an allied attorney with
the Alliance Defending Freedom in Wichita, Kansas, where he lives with his wife and
three daughters. He writes often on the law,
homeschooling, and issues of importance to
Christians, families, and conservatives on
1. But see The Alien and Sedition Acts
/program/bib/ourdocs/ Alien.html. The Acts
were passed for the purpose of weakening
the American Anti-Federalists, those who
the governing authorities and mandated de-
portation of non-citizens who engaged in
enforcement led to the election of Thomas
2. But see Hamdi v. Rumsfeld, 542 U.S.
enemy;combatants;indefinitely;while;hostili-ties are ongoing is constitutional, American
3. Hurtado v. People of California, 110 U.S.
4. Tom Wolfe, The Bonfire of the Vanities
5.;Hurtado, 110;U.S. at;520– 21.
6. Ibid. I encourage you to read the dissent in this case by Justice Harlan, beginning
on page 538. Justice Harlan cites to Blackstone’s;Commentaries as well as other Common Law resources to bring original intent
interpretation. It reveals the two schools of
contradictions with legislative intent, and
originalists who believe Court should enforce
7. See, e.g., Elizabeth Frock, “George
Zimmerman, Trayvon Martin case will not
go;to;grand;jury,”;Washington Post Online edi-
8. Gerstein v. Pugh, 420 U.S. 103, 112
11. See In the Matter of L.M., 186 P.3d 164
13. Helvering v. Mitchell, 303 U.S. 391, 398
14. See, e.g., K.S.A. 21-3108( 2)(a) (Kansas
statute on res judicata that bars subsequent
facts;adjudicated;in;earlier;trial);;State v. Russell,;229;Kan.;124;(1981);(applying;doctrines
of;double;jeopardy;and;res judicata to crimi-nal;prosecutions;pursuant;to;U.S.;and;Kansas
Constitutions).;See also Federal Rules of Civil
Procedure;Rule;8(c)( 1);(res judicata is affirmative defense that must be asserted in defen-dant’s;response;to;the;pleading).
15. See generally, Grady v. Corbin, 495 U.S.
16. State v. Todd, 262 Kan. 916, 920 (1997)
17. Daniel Petrocelli & Peter Knobler,
Triumph of Justice: Closing the Book on the Simpson Saga;(Crown;1998).;C.f. Mertz, 258;Kan.
18. Helvering, 303 U.S. at 397 (italics origi-nal);(citing;Lewis v. Frick,;233;U.S.;291,;302
A fun & interactive developmental curriculum for ages newborn to five years!
Help your child
develop a full and
Visit Our Website to Learn More!