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  1. #1
    Join Date
    Dec 2008
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    11

    Question Double Jeopardy

    The way it stands as is, it is not illegal for the same crime to be prosecuted twice, so long as it is in two different jurisdictions. For instance, if someone in Texas commits one crime, and that crime violates both federal and Texas' state statutes, that person can be tried twice (once in each jurisdiction) for that crime.

    What are everyone's thoughts on this? Also, how often does this actually happen?

    I find it quite interesting, but I'm sure there must be some justification for it.

  2. #2
    Join Date
    Dec 2008
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    17

    Default Re: Double Jeopardy

    I think it's wrong. Jurisdiction or not, a crime is a crime is a crime. If the person had to go out of their way to hire a lawyer and pay all that money to get found innocent once, they shouldn't have to spend that kind of time and money to be found innocent a second time. It's not fair to the defendant.

  3. #3
    Join Date
    Aug 2007
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    Default Re: Double Jeopardy

    Quote Quoting chexmix666
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    The way it stands as is, it is not illegal for the same crime to be prosecuted twice, so long as it is in two different jurisdictions. For instance, if someone in Texas commits one crime, and that crime violates both federal and Texas' state statutes, that person can be tried twice (once in each jurisdiction) for that crime.

    What are everyone's thoughts on this? Also, how often does this actually happen?

    I find it quite interesting, but I'm sure there must be some justification for it.

    I have a mixed bag of opinion, but mainly I am for seperate jurisdiction trials.

    The US SC applied the DJ provision of the 5th AM to the states in Benton, 1969:

    3. The double jeopardy prohibition of the Fifth Amendment, a fundamental ideal in our constitutional heritage, is enforceable against the States through the Fourteenth Amendment. Palko v. Connecticut, 302 U.S. 319, overruled. Pp. 793-796.


    http://www.law.cornell.edu/supct/htm...5_0784_ZS.html


    As to how often does it happen, I would say not very frequently except for either serious felonies or Capital cases. One example would be the OK bombing case, Terry Nichols was charged by both sovereigns for Murder, OK and the Feds.

    Here is a seminal DJ case where 2 states charged the same defendant for the murder of the same woman.

    2. Under the dual sovereignty doctrine, successive prosecutions by two States for the same conduct are not barred by the Double Jeopardy Clause of the Fifth Amendment, and, hence, Alabama was not barred from trying petitioner. Pp. 474 U. S. 87-93.

    (a) The dual sovereignty doctrine provides that, when a defendant in a single act violates the "peace and dignity" of two sovereigns by breaking the laws of each, he has committed two distinct "offences" for double jeopardy purposes


    http://supreme.justia.com/us/474/82/

  4. #4
    Join Date
    Apr 2008
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    Default Re: Double Jeopardy

    I always thought Alex Trebek did a great job at hosting Double Jeopardy

  5. #5
    Join Date
    Mar 2007
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    9,096

    Default Re: Double Jeopardy

    If a crime is tried at both the state and federal levels, crimes at the local and federal level have been broken.

    For instance, Michael Vick was prosecuted federally for dog fighting and now will be tried locally for different, but related, crimes.

  6. #6
    Join Date
    Aug 2007
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    Default Re: Double Jeopardy

    Quote Quoting cyjeff
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    If a crime is tried at both the state and federal levels, crimes at the local and federal level have been broken.

    For instance, Michael Vick was prosecuted federally for dog fighting and now will be tried locally for different, but related, crimes.

    Here is the Indictment: see Caption:


    http://www.thesmokinggun.com/archive...7072vick1.html

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