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In the United States, the principle of dual sovereignty applies to homicide, as to other crimes. If murder is committed within the borders of a state, that state has jurisdiction. If the victim is a federal official, an ambassador, consul or other foreign official under the protection of the United States, or if the crime took place on federal property or involved crossing state lines, or in a manner that substantially affects interstate commerce or national security, then the federal government also has jurisdiction. If a crime is not committed within any state, then Federal jurisdiction is exclusive: examples include the District of Columbia, naval or U.S.-flagged merchant vessels in international waters, or a U.S. military base. In cases where a murder involves both state and federal jurisdiction, the offender can be tried and punished separately for each crime without raising issues of double jeopardy, unless the court believes that the new prosecution is merely a "sham" forwarded by the prior prosecutor.[1]
Degrees of murder in the United States
Murder (United States law)
From Wikipedia,
the free encyclopedia
In the United States, the principle of dual sovereignty applies to homicide, as to other crimes. If murder is committed within the borders of a state, that state has jurisdiction. If the victim is a federal official, an ambassador, consul or other foreign official under the protection of the United States, or if the crime took place on federal property or involved crossing state lines, or in a manner that substantially affects interstate commerce or national security, then the federal government also has jurisdiction. If a crime is not committed within any state, then Federal jurisdiction is exclusive: examples include the District of Columbia, naval or U.S.-flagged merchant vessels in international waters, or a U.S. military base. In cases where a murder involves both state and federal jurisdiction, the offender can be tried and punished separately for each crime without raising issues of double jeopardy, unless the court believes that the new prosecution is merely a "sham" forwarded by the prior prosecutor.[1]
Consider this: Bush junior and Clark senior
visited my grandparent's hotel in 1975; I was 12 at the time. The purpose of
their visit was to gain information. The fact that I am very clairvoyant was
never doubted. Armstrong himself made the case. I was telling the US Air Force
in 1968 at age 5 a lot of details about the moon landing at a point in time
when the adults around me had no clue who this Armstrong guy was suppose to be.
It did not take them very long to come back with camera and tape equipment.
Given the fact that Clark was standing around in
his NATO uniform when he murdered my dad (Antwerp Belgium in June of 1999) I
have to assume that it was "official" military business. Clark claims
when talking to me (Melano Switzerland in May of 2000) that he has lost his job
because of this. I do not believe that because I had not yet pressed criminal
charges and it is a weird idea to think that corrupt police that is taking
pictures of torture would turn themselves in.
To the best of my knowledge the Bush government
and who knows maybe the Obama White House as well want to totally control and
redact what Clark is allowed to say while testifying at the The Hague tribunal.
In a just world Clark would have been picked up immediately when he started to
torture innocent civilians in Europe in 1992. Zu Guttenberg has knowledge about
this and did witness Clark torture my dad. (For the first time in 1992, Zu
Guttenberg was present) So do other people. Maybe it would be an excellent idea
to drag Zu Guttenberg and Naumann to The Hague as well and ask them what they
know about the torture of innocent civilians that Clark has organized starting
in 1992 and the murder of my dad that took place in 1999.
During his visit to Germany in September of 2007
(Police in Europe does have the details) to the best of my knowledge, Clark was
wearing a wire and a bulletproof west and the intention was to get me killed.
He was asking me for a date and while he was asking it I saw myself lying dead
inside his BMW with a bullet in my head, so it was very easy to decline the
date. The Bundeswehr had an ex General present at the time who was dressed up
as a civilian. And I am very convinced that Clark had backup in the form
of at least one other car. I would have ended up dead with a bullet in my head
inside a BMW with a Belgian license plate standing around at a gas station
along the highway in Germany. Clark is such an enormous coward that despite of
the giant amount of organization he did not dare to shoot me inside the
restaurant because I had asked a
person who passed by to inform the German police or inform the German BND
about this situation.
Not daring in the sense of Clark wants to keep
his fake hero image fairy tale going, and shooting someone inside a restaurant
when there are witnesses present and Nato has him on satellite could mean a
serious dent in his so called clean image. Other than that he naturally dares
to organize the sort of torture that people cannot escape and cut of their body
parts and he seems to enjoy that. And finds it very normal to get away with it.
The pressure that an investigative police would
have to put on that bastard could not possibly be enough. You are dealing with
a sadist and a psychopath. That has organized very violent torture and homicide
of at least one innocent civilian and would do whatever it takes to try and get
away with it.
Do you have a weapon ? Is always the first
question that Clark is asking me when coming by to further harass me. Even
inside my own living room after breaking in, the first thing that the lying
creep wants to know is: "Do you have a weapon inside the house…..?"
(August of 2004) before returning with an entire team of soldiers to kidnap me
in September of 2004. The AIVD must have aided in the preparation of the
kidnapping and what is seen as attempted murder by some district
attorneys.
The harassment on the German highway on August 17 of 2010 was yet
another test round to see how far he could go. Clark seems to be uncertain if
the German police will finally interfere and just pick him up at one point.
That is why the lying creep needs an endless amount of test rounds.
Given that Clark was accompanied by a guy that participated in my dad's
torture (as a soldier on US Air Base Spangdahlem) and is now claiming to be
working for the CIA when the 2 of them (Clark and "guy at the door")
where in Amsterdam on march 5 of 2010, the organization of what Clark is trying
to do becomes very obvious. The German as well as the Dutch police will be able
to prove the case in a heartbeat. Clark is counting on their reluctants and
difficulty to prove that the entire thing was a Pentagon / CIA operation to
kill the witness of an earlier committed crime.
If I live long enough and have just a little bit of support I would be
able to prove that the US Air Force and more than one European government where
very well informed about the upcoming 9/11 attack. That does not make me
likeable for corrupt governments.
It is however not my intention to further interfere with the US
governments intention to burn down their own buildings.
I promise that I will not interfere with the next dumb stunt that the US
government is trying to pull as long as they leave me in peace. But that does
not seem to be good enough.
Wes and his screaming dirt bag who are such experts on keeping America
save, I am sure can handle a perfect evacuation all by themselves. They do not
want my help and never needed me for anything other than trying to victimize my
family. And use me as a scapegoat for future Pentagon fuck ups. Not
volunteering to be Clark's next torture and murder victim is NOT MY RASSISM.
My goal is to have my dad's totally unnecessary torture and first degree
murder investigated. That seems to make me a permanent target. Not so strange
that a serial killer wants to wipe away the witness of an earlier crime.
Clark's torture of my dad took place at the following locations:
1992
Torture - Dworp near Brussels (Clark - Zu Guttenberg and 3 or 4 other Bundeswehr guys where there)
1992/93
again Torture near Leuven in Belgium, Clark and 2 Belgian police guys were present at the
time.
1996
Torture - Spangdahlem Airbase There is a long list of witnesses known to every single district attorney
in Germany. Clark was there and at least one military police guy that is now
working for the CIA
1999
Torture and Murder took place in June of 1999 in Antwerp, Belgium. Clark was present in his green NATO uniform. My dad
was a civilian. The way that this looked it seems to have been the intention to
get me to shut up. Not to gain information.
After
the very violent torture and brutal murder of my dad in 1999, Clark was still
pursuing me in Europe on numerous occasions. The last time that I got kidnapped
and shot at is in 2004.
In September of
2010: The Dutch Crown Prince came to see me and apologized for things that the
Dutch former BVD now called AIVD has done. Mid November of 2010 I saw him
again but felt obligated to tell him that the same afternoon I would have 2 CIA
types hang around at the same restaurant that I often go to when I need a
break.
Without going into detail it turns out that the Dutch
Royal family is very well informed about stuff that their secret service is
doing. I do not find that a big surprise.
To the American
celebs that are trying to sell Clarks BS story about my so called racism: Clark
is the lying creep that has brutally tortured and murdered my dad. It is most
certainly not the other way around and his "4 different
hats…..religion" is not good enough as a motive.
Clark has first
murdered my dad, while I was trying to keep US buildings save by giving you the
correct information about the upcoming attack and is now trying to get me
killed because I am not just a witness to the fact that the US Pentagon finds
torturing totally helpless and innocent European civilians the most normal
thing in the world, but I also have a lot of other information that more than
one government might not want to have in the newspapers.
In order for anyone to call that my racism you have to
be very confused. Just do not pretend to be a journalist with that sort of BS.
An American
saying "I hate so and so country……" IS NOT MY RACISM.
An American
torturing and killing innocent civilians in Europe IS NOT MY RACISM.
An American
trying to sell the idea that it has to be legal for him to kill a witness of an
earlier committed crime IS NOT MY RACISM.
Clark pointing a
machinegun at me for the first time when I was 5 years old IS NOT MY RACISM.
Here are few other examples of BS that the lying creep
might want to try and sell in order to convince people that torture and murder
has to be ok, when Clark feels like it.
I am crazy. I do not see stuff but are responsible for
US Air Space anyway, even when the Pentagon does not want to evacuate. How
about that one. Would not be the first time that I hear that type of nonsense.
Or how about
this women that I had screaming at me for hours in 2004 that they (meaning the
US government) have been building me up as a scapegoat for years and she had an
urgent need for one at that time and was yelling at me that I should have been
dead. Very unpleasant behavior that does leave behind a certain negative
impression.
Actually I find
it funny to use an understatement, but the entire combination of everything is
just too much. It does not seem to repair and naturally that has to be my fault
as well. Since the lovely Pentagon is trying so hard to get me repaired.
I do notice the
political change inside the White House and that is a giant relief, but I
cannot imagine that president Obama would send around 2 torturers and call that
repair. And after the treatment that I have experienced to just assume that I
might find it interesting to work for the CIA is way too optimistic. So the
entire story looks like another Clark organization that wants to maintain that
A. he has done
nothing wrong.
B. out of the
kindness of his heart, he is trying to "repair" me anyway
C. in order to
get that done I am suppose to team up with the CIA shit that has participated
in my dad's torture.
D. Why the CIA
would go through so much trouble to try and hire a bad racist that never
applied with them is also a mystery to me.
It is possible to be too optimistic.
I am very fed up with the lying snake that has tortured and murdered my
dad and you know what, that too is NOT MY RACISM but an urgent need for
justice. If justice never ever arrives it does turn into a need for revenge.
Why don't you fucking wake up and
investigate reality instead of trying to sell Clarks hero fairy tale story and
your government's propaganda.
I cannot buy into US Governments
propaganda because I do have additional information. Trying to accuse me of
racism after everything that the US Government has already messed up on purpose
is way out of line !
America has no God given right to
torture and murder people and further harass the victims and calling that my
racism. Clark knew about my ability to see the future. It got him stationed in
Germany in 1975.
There was no need to torture or murder
anyone because the information about the attack on the WTC and the Pentagon was
already totally known. Clark started to torture my dad in 1992. He was clearly
trying to shut down information and not gain it. The German government keeps
insisting that it has to be a Clark private matter because they do not want to
admit that the Bundeswehr aided and knew about it.
In other words, the US Government has a
different approach of dealing with intel ones deniability is no longer an
option. (Abu Ghraib etc). The German Army cannot easily admit to be
participating in torture and murder of their own citizens when the Pentagon is
asking for it but they did that and are now helping to cover it up.
Clark has no motive that could possibly
justify what he has done. And there is no vacation, ring or otherwise gift that
can easily repair the giant amount of damage that my dad's murder has
caused. I want an investigation of the case and I want Clark on trial for
torture and first degree murder !
Why don't you ad kidnapping and several
counts of attempted murder on me, to the long list of Clark's criminal offences.
There seems to be a deal between the American and Dutch government that
the White House gets to have a look at every single statement that Clark makes
before the court in The Hague before any of it can get into the newspapers. I
wonder what sort of an influence that deal has on the reluctants of the police
in Europe to investigate the first degree murder that Clark has committed in
1999 ?
I am sure that the deal was not made to make my life any easier. And I
still want an investigation of the case. My life is a total mess anyway. So I
do not need any further harassment from Clark and his CIA buddies calling that
we are trying to repair. I will never get to a point that I see sending around
a lying murderer as another well meant attempt to try and repair me.
Modern codifications tend to create a genus of
offenses, known collectively as homicide, of which murder is the most serious species, followed
by manslaughter which is less serious, and ending finally in justifiable homicide, which is not a crime at all. Because there are 51 jurisdictions, each
with its own criminal code, this section treats only the crime of murder, and does
not deal with state-by-state specifics.
At base, murder consists of an intentional unlawful
act with a design to kill and fatal consequences. Generally, an intention to
cause great bodily harm is considered indistinguishable from an intention to
kill, as is an act so inherently dangerous that any reasonable person would realize the likelihood of fatality. Thus, if the defendant
hurled the victim from a bridge, it is no defense to argue that harm was not
contemplated, or that the defendant hoped only to break bones.
Murder is the unlawful killing of a human being
with malice aforethought.[2] Malice can be expressed (intent to kill) or implied. Implied malice
is proven by acts that involve reckless indifference to human life or in a
death that occurs during the commission of certain felonies (the felony murder
rule). The exact terms of the felony murder vary tremendously from jurisdiction
to jurisdiction. Life sentencing for murder in the United States has a mean of
349 months (29 years one month) and a median of 480 months (40 years).[3] However, some states' sentencings contemplate a full life's
confinement, whence the sentence of confinement is not deemed fulfilled while
the convicted person lives; and the only way to fulfill the sentence (and
thereby obtain release from confinement) is by the individuals death. These
sentences are termed natural life and/or life without the possibility of
parole. Additionally, life without the possibility of parole can be defined
under special circumstances for example in the course of a robbery or
additional crimes. (People v. Horn) Court of Appeals of California, Fourth
District, Division One
Degrees of murder in the United States
Before the famous case of Furman v. Georgia in 1972, most states distinguished two degrees of murder. While the
rules differed by state, a reasonably common scheme was that of Pennsylvania, passed in 1794: "Murder which shall be perpetrated by means of poison, or by lying in wait, or by any other kind of willful, deliberate, and
premeditated killing, or which shall be committed in the perpetration or
attempt to perpetrate, any arson, rape, robbery, or burglary, shall be deemed murder of the first degree (or capital murder in some
states that carry the death penalty); and all other
kinds of murder shall be deemed murder of the second degree."[4] "Murder one", as the term was popularized by novels and television, carried a penalty of death, or life in prison, while the penalty for
"murder two" was generally around 80 years in prison.
After the Supreme Court placed new requirements on the
imposition of the death penalty, most states adopted one of two schemes. In both, third degree murder
became the catch-all, while first degree murder was split. The difference was
whether some or all first degree murders should be eligible for the most serious
penalty (generally death, but sometimes life in prison without the possibility
of parole).
1.
First Degree Murder: An intentional killing by means
of poison, or by lying in wait, or by any other kind of willful, deliberate and
premeditated action.
2
Second Degree
Murder: Homicide committed by an individual engaged as a principal or an
accomplice in the perpetration of a felony.
3.
Third Degree
Murder: Any other murder (e.g. when the intent was not to kill, but to harm the
victim).
First Degree Murder: Murder involving special
circumstances, such as murder of a police officer, judge, fireman or witness to a crime; multipe murders; and torture or especially heinous murders.
Note that a
"regular" premeditated murder, absent such special circumstances, is
not a first-degree murder; murders by poison or "lying in wait" are
not per se first-degree murders. First degree murder is pre-meditated.[6] However, the New York Court of Appeals struck down the death penalty as unconstitutional in the case of People v. LaValle, because of the statute's direction on how the jury
was to be instructed in case of deadlock in the penalty phase.
Second Degree
Murder: Any premeditated murder or felony murder that does not involve special
circumstances.[7]
Schemes similar to
Pennsylvania's are used in California and Massachusetts. A scheme similar to
New York's is used in Texas, but first degree murder is called "capital
murder".
Other states use
the term "capital murder" for those offenses that merit death, and
the term is often used even in states whose statutes do not include the term.
As of 2009, 35 states and the federal government have laws allowing capital
punishment for certain murders and related crimes (such as treason, terrorism, and espionage). The penalty is rarely asked for and more rarely
imposed, but it has generated tremendous public debate. See also capital punishment and capital punishment in
the United States.
In death penalty-states with the New-York scheme,
first degree murder itself is eligible for the death penalty. In death
penalty-states with the Pennsylvania scheme, first-degree murder must involve
an additional aggravating factor for being eligible for the death penalty.
PUNISHMENT FOR MURDER
Federal
Offense
|
Mandatory sentencing
|
Second degree murder
|
Imprisonment for
life or any term
|
Second degree
murder by an inmate, even escaped, serving a life sentence
|
Life imprisonment
|
First degree murder
|
Death or life
imprisonment
|
