When an acquittal isn’t really an acquittal.
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Two men committed a double murder in rural Maine in 1990. Only one pulled the trigger. The state prosecutor decided to try them separately, but that was a mistake, and both were acquitted. Then the feds came in and sentenced one of the men to life in prison for a crime he was already acquitted of doing. How is this possible in America? The answer is a loophole in the criminal law. Today we examine that loophole by looking at the Thanksgiving Day murders in Maine and the constitutional challenges this loophole has survived over the years. Guest voices include Sharon Mack, Gerald Leonard of Boston University School of Law, Judge Frederic Block, New York state Sen. Todd Kaminsky, and Matthew Noah Smith of Northeastern University.
For all back episodes from Seasons 1 through 3 of Hi-Phi Nation, visit www.hiphination.org.