874
submitted 3 months ago by MicroWave@lemmy.world to c/world@lemmy.world

Dutch beach volleyball player Steven van de Velde, who served time in prison after he was convicted of raping a 12-year-old girl, won his second match at the Paris Olympics and received an even harsher reaction from the crowd on Wednesday than for his first match.

you are viewing a single comment's thread
view the rest of the comments
[-] BottleOfAlkahest@lemmy.world 13 points 3 months ago

That's not how double Double Jeopardy works (Netherlands also has a different name for it). It prevents you from being tried twice for a crime for which you've been acquitted/convicted. It does not prevent a country from refusing to have you represent them on the world stage.

[-] Womble@lemmy.world -2 points 3 months ago* (last edited 3 months ago)

It is actually how it works in terms of official punishments(in the US at least):

Amdt5.2.1.2.4 Imposition of Multiple Punishments for the Same Offense

Fifth Amendment:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

The Double Jeopardy Clause protects against imposition of multiple punishment for the same offense.1 The application of the principle leads, however, to a number of complexities. In a simple case, it was held that where a court inadvertently imposed both a fine and imprisonment for a crime for which the law authorized one or the other but not both, it could not, after the fine had been paid and the defendant had entered his short term of confinement, recall the defendant and change its judgment by sentencing him to imprisonment only.2 But the Court has held that the imposition of a sentence does not from the moment of imposition have the finality that a judgment of acquittal has. Thus, it has long been recognized that in the same term of court and before the defendant has begun serving the sentence the court may recall him and increase his sentence.

Obviously not being picked for an olympic team isnt an official punishment, but the principle of not punishing someone for the same crime after they complete their given sentence is true.

[-] Jaderick@lemmy.world -5 points 3 months ago

https://www.law.cornell.edu/wex/double_jeopardy#:~:text=The%20Double%20Jeopardy%20Clause%20in,for%20substantially%20the%20same%20crime.

From the US, but the philosophical reasoning still applies.

You misunderstand the point. The Netherlands did not stop him from competing for them, presumably because he’s served his time for the crime by their standards.

That’s your problem with the Netherland’s Olympic committee then, not the other athletes - the whole point of the post.

[-] BottleOfAlkahest@lemmy.world 2 points 3 months ago

What point am I misunderstanding? You claimed double jeopardy applies. It does not. Not representing your country in the Olympics does not count as an official punishment for the same act.

[-] Jaderick@lemmy.world 0 points 3 months ago* (last edited 3 months ago)

The point is he was punished and likely contributed to him not being barred from Olympic participation. Ignore the double jeopardy statement then, engage with the actual discussion about the non rapist.

[-] BottleOfAlkahest@lemmy.world 0 points 3 months ago

If you think the 19 year old having sex repeadly with a 13 year old is a "non rapist" then that says a lot about you and none of it good.

[-] Jaderick@lemmy.world 1 points 3 months ago

You clearly cannot read lmao

this post was submitted on 01 Aug 2024
874 points (98.3% liked)

World News

39013 readers
863 users here now

A community for discussing events around the World

Rules:

Similarly, if you see posts along these lines, do not engage. Report them, block them, and live a happier life than they do. We see too many slapfights that boil down to "Mom! He's bugging me!" and "I'm not touching you!" Going forward, slapfights will result in removed comments and temp bans to cool off.

We ask that the users report any comment or post that violate the rules, to use critical thinking when reading, posting or commenting. Users that post off-topic spam, advocate violence, have multiple comments or posts removed, weaponize reports or violate the code of conduct will be banned.

All posts and comments will be reviewed on a case-by-case basis. This means that some content that violates the rules may be allowed, while other content that does not violate the rules may be removed. The moderators retain the right to remove any content and ban users.


Lemmy World Partners

News !news@lemmy.world

Politics !politics@lemmy.world

World Politics !globalpolitics@lemmy.world


Recommendations

For Firefox users, there is media bias / propaganda / fact check plugin.

https://addons.mozilla.org/en-US/firefox/addon/media-bias-fact-check/

founded 1 year ago
MODERATORS