Constitutional Violations in Chicago

The Double Jeopardy Clause of the US Constitution's 5th Amendment states that no "person [shall] be subject for the same offense to be twice put in jeopardy of life or limb." This applied only to cases held in Federal courts for almost 200 years until Benton v. Maryland (1969). Thurgood Marshall, writing for the majority, declared that the 14th Amendment's Due Process Clause incorporates the Double Jeopardy Clause, that is, no state can try someone twice for the same offense either.

Last week, the National Hellenic Museum of Chicago trampled our 5th Amendment protections when they retried Socrates. In 399 BC, the Athenian Assembly convicted a 70 year old Socrates of impiety and corrupting the youth and sentenced him to death. In a fundraising bid, the museum hosted not a reenactment, but a second hearing for the alleged offenses.

Socrates

Public Domain

Judge Richard Posner presided over the trial. Judge Posner, graduate of Harvard Law School, was appointed to the 7th Circuit by President Ronald Reagan. He recently handed down the verdict overturning the Illinois concealed carry ban in Moore v. Madigan. Also presiding were the semi-retired Judge William Bauer, educated at DePaul and appointed by President Ford, and Cook County Judge Anna Decamopoulos, who studied law at John Marshall Law School.

Judge Posner

chensiyuan

Representing the 5th century BC Athenian Assembly, was Harvard trained prosecutor Patrick Fitzgerald. Fitzgerald has brought down his share of criminals, prosecuting Mafia boss John Gambino and Governors George Ryan and Rod Blagojevich. Patrick Collins, who assisted Fitzgerald in the prosecution of Governor Ryan, filled out the prosecution team.

Patrick Fitzgerald

Public Domain

Dan Webb (no relation), who defended Governor Ryan as well as General Electric and Microsoft in antitrust litigation and Philip Morris in tobacco-related litigation and prosecuted Admiral Poindexter in the Iran-Contra Affair, led Socrates' defense team. He was assisted by Robert Clifford, noted for securing damages for victims of major airline crashes.

Dan K. Webb

Charles Rex Arbogast

Fitzgerald pointed out Socrates' pro-Spartan sentiments, the equivalent of wearing a Gorbachev t-shirt during the 80s. He also noted how prominent students of Socrates' committed crimes against the state, Alcibiades defecting to Sparta and Critias repressing Athenian freedom. Fitzgerald claimed historians have been unfair to Athens and blamed Plato for distorting the facts of the case.

Webb cited the overwhelming lack of evidence in the case and pointed to Socrates' status as a veteran, having served with distinction in the Athenian military and saved the lives of fellow soldiers. He claimed that the speculation on the part of the prosecution endangered the liberties of us all.

A jury of 12 distinguished members of the Chicago community found Socrates guilty of impiety and corrupting the youth... again. Instead of sentencing him to death a second time, the jury opted for a fine of 3,000 5th century Greek Drachmas, an equivalent of $132,000 in 2013. There has been no word on whether or not the defense plans to appeal the ruling.

Public Domain