the joy of double-charging

[acroyear]

Ocean City woman sentenced for flag burning - wtop.com:

An Ocean City woman arrested for burning a flag has been sentenced to probation before judgment.

Prosecutors dropped a desecration charge against 18-year-old Rebecca McKimmie, who pleaded guilty Tuesday to disturbing the peace. Judge Daniel Mumford sentenced her to one year unsupervised probation before judgment and a $300 fine. Probation before judgment means the conviction won't appear on her record if she meets the terms of probation.

Ocean City police said McKimmie was arrested early July 5 after officers observed her lighting an American flag on fire and walking in traffic on Route 50, causing cars to swerve before she extinguished the flag by stomping on it as officers approached.

McKimmie told police she was burning the flag to make a statement.

ah, the joys of double-charging: charge them with a bluntly unconstitutional law (and we KNOW it is unconstitutional because otherwise they wouldn't be arguing "amendment"), but also with a "lesser" charge, and force them to plea out.

gotta love it...

on the other hand, walking into traffic deserved more than just "disturbing the peace".  if ALL they did was flag-burn in peaceful demonstration that would be one thing, but the circumstances are different: she put people (and herself) in direct harm, and in that, I think the law was too lenient.

Comments

[vvalkyri.livejournal.com]

Yeah, I think Disturbing the Peace is entirely justified in this one. Walking in traffic on Rte 50??

[acroyear70.livejournal.com]

I think it was too lenient - walking into traffic *with a flaming object* that could damage cars is a threat to violence (i don't care if the object is a flag or not).

hell, if someone did that in california, they'd be charged with attempted arson because of how easily the state burns.

[ren-tigger.livejournal.com]

Yah, I suspect they had to drop the desecration charge because it was ruled legal by the Supreme Court and is protected by the first amendment. But I am in total agreement with every other post.
Arson in a publilc health. Disturbing the peace, behaviour hazardous to the well being of the general public, and then they should lock her up for observation as it is clear she is suicidally inclined.