Forensics: Treading on Double Jeopardy Laws. Over-Federalization: Federal Intrusion Into State Criminal Law – The Sentencing Project

The expanding encroachment of federal criminal law on traditionally local offenses threatens justice, equity, and local democracy.
— Read on www.sentencingproject.org/policy-brief/over-federalization-federal-intrusion-into-state-criminal-law/

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About csidds

Dr. Michael Bowers is a long time forensic consultant in the US and international court systems.
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1 Response to Forensics: Treading on Double Jeopardy Laws. Over-Federalization: Federal Intrusion Into State Criminal Law – The Sentencing Project

  1. bredemarket's avatar bredemarket says:

    For reference, the relevant portion of the 5th Amendment to the U.S. Constitution reads as follows:

    “…nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb…”

    This is commonly referred to as “double jeopardy.” However, double jeopardy is often in the eye of the beholder.

    The most well-known example is the Rodney King case, in which the four police officers were initially charged at the state level for assault and use of excessive force. After the officers were acquitted (and the riots occurred), the four officers were subsequently charged with federal civil rights violations: Sgt. Koon for “willfully permitting and failing to take action to stop the unlawful assault,” and the other three for “willfully and intentionally using unreasonable force.” Different laws, but the same incident and roughly the same charges.

    Were these completely separate crimes, or is this a case of double jeopardy for the exact same crime?

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