I don't have a lot of time to post today, so I thought I would try to get a qucik explanation of the double jeopardy issue I discussed in yesterday's post.
As I mentioned, I have fifteen years remaining upon my falsely convicted sentence. I have discharged the first five years in prison and now have fifteen years "suspended" time remaining. Normally, suspended time means simply that if I do commit any more crimes within the designated period, I can get the entire fifteen year period re-assigned as prison time.
The issue here, and what makes this part of the Great Monspiracy, is that a suspended sentence, by definition, is a sentence not served at the time it is imposed. Contrariwise, a probation sentence is a sentence served in lieu of incarceration. The point here is that this is two separate sentences, and pursuant to the Fifth Amendment to the United States Constitution:
"[N]or shall any person be subject for the same offense to be twice put in jeopardy of life or limb..."
In other words, a person cannot be convicted twice of the same offense or be punished twice for the same offense. In a nutshell, I have been given a fifteen year suspended *and* probation sentence, just as every other person in Montana is when convicted. It's a violation of my civil liberties and is yet again an example of how this affects more than just myself...
Political Prisoner since 2004