Posted on 01/13/2025 12:30:13 PM PST by algore
Imagine you’ve had some trouble with the state police during a traffic stop search, but after years of legal fees and time in court rooms, you’ve finally plead the charges down to one year in prison and nine years of probation. But the day you get out your lawyer tells you the feds hit you with a charge—for the exact same crime. Suddenly, you’re facing years in prison all over again. That’s double jeopardy, and the Supreme Court says it’s here to stay.
Terrence Gamble’s double jeopardy nightmare Take the case of Terrence Gamble. Police in Alabama pulled him over for a broken headlight. They claimed they smelled marijuana and searched his car. They found two bags of weed and a gun. Because of a prior conviction, Gamble was charged with a felony weapons violation. He took a plea deal—10 years probation and one year in jail. But then the feds came knocking.
Attorney Jeff Hampton explains, “Because of Terrence’s prior plea in state court, the feds could use it against him in federal court.” Gamble had no choice but to take another plea deal. This time, he got three more years in prison—for the same crime.
“This loophole allows both prosecutors and police to exploit this,” Hampton says. Critics argue it’s unfair, but the Supreme Court says it’s legal.
The double jeopardy loophole explained The Fifth Amendment is clear. It says no one “shall be subject for the same offense to be twice put in jeopardy of life or limb.” But a loophole lets police and prosecutors work around this protection.
Hampton breaks it down: “There is a federal government and there is a state government and they are seen as separate sovereigns.” Because of this, “they can try to throw the book at you for the same crime in different courtrooms.”
He explains how it works. “State prosecutors pick up the phone. They call the federal prosecutor right across the street and start talking about your case.” If the state loses, “the feds still have an opportunity to bring another charge against the same person for the same offense.”
Hampton says this is not just a rare loophole—it’s a tool prosecutors use. “Both state and federal prosecutors will coordinate together on higher profile cases knowing that if they lose on the first round in state court, they have a second bite at the apple in federal court.”
And it’s not going away anytime soon. Hampton explains, “The Supreme Court ruled that a crime against two sovereigns constitutes two offenses because each sovereign has an interest to vindicate.”
BS. The states are sovereign except on those issue reserved to the Federal Government in which case the federal government is sovereign. Dual sovereignty is a travesty of justice.
The issue is the federalization of crime. There should be a very small range of federal crimes and they should only cover federal issues. Possession is a local crime. Transport across state lines is federal.
This is a good example of why we don’t need Cornee’s federal law for I terstste carry. It is just an excuse to start layering on federal laws for concealed carry.
I would like Congress to outlaw this, if possible. It is a travesty.
No, it isn't. Double jeopardy is being tried twice for the same crime by the same sovereign. Despite decades of efforts by the enemies of the people, the states are still considered sovereigns over what happens within their borders.
The bigger issues is whether the feds even should have an interest in the crime. But that isn't the argument being presented.
Some states do have laws preventing a state prosecution for the same acts that the feds have already prosecuted (or did, I haven't looked at them in some years.)
At least the writer was courageous enough to show his ignorance in public.
As a final note, the criminal in this case broke the first rule - only commit one crime at a time. In this case he committed a traffic violation while committing a felony. Always inspect your car before transporting dope, particularly if you have a record and should know the cops will be watching for you to screw up.
You should either have to file a crime complaint OR a civil complaint but not both.
This is the way they get around double jeopardy.
We're stuck with this because FDR effectively obliterated the Commerce Clause restriction on Fed police powers.
The Feds should not have the power to criminalize mere possession of anything: only crossing state lines or the border with it.
Bingo!
I expect Hunter Biden to use this to continue to plead the fifth and refuse to talk to Congress because Joetato only pardoned federal crimes, but he is still vulnerable to state prosecution.
It’s filthy and corrupt.
Sorry, wrong. The fifth amendment does not say anything about separate sovereign’s. Here is the way it’s written in black-and-white, no exceptions.
“nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; ”
The live the land in black-and-white says you cannot do it this way. Only corrupt judges find a penumbra or something, like a right to abortion.
True!
Any other arrangement is unconstitutional--otherwise the States are just slaves of the Federal government--instead of the creators and shapers of it.
“Double jeopardy is being tried twice for the same crime by the same sovereign.”
The US Constitution doesn’t say that.
Anything you say can and will be used against you.
A grant of immunity in one jurisdiction does not necessarily transfer to other jurisdictions, so far as I know.
I’ve come to believe that what is called “Lawfare” is practiced against common citizens too.
One might maintain it is acceptable to do this and other things like overcharging to induce a plea deal for a lesser charge, when applied to criminals, but what about the wrongly charged innocent? What about you when they decide to make something illegal that you have been doing legally to that point? What about you when you thought what you were doing was legal?
The solution to this travesty is to eliminate at least 95% of the federal criminal code. The vast majority of federal crimes are superfluous and unnecessary because they replicate charges that could easily be brought in state court.
“Police in Alabama pulled him over”
Lesson 1: Never, ever go to Alabama. Let it continue it’s way down the drain.
Avoid shiiiteholes at all costs.
There are only 3 Federal Crimes listed in the US Constitution, maybe the Court should read it sometime.
I’m not buying it. The Constitution says you can’t be tried twice for the same offense. It doesn’t say that you can’t be tried twice for the same offense against the same sovereign. An offense is one action; if there are two different statutes under which an action is a crime, the state has never been allowed separate trials for each statute violated.
Any way, this’d put an end to it: charge judges with suborning perjury when they accept a plea deal. The judges know that defendants are threatened with greater accusations if they don’t accept the deal. That’s coercion.
Officially, you can be prosecuted four times for the same acts.
1. Criminal charges by the State.
2. Civil lawsuit by the State or private actors.
3. Criminal charges by the Federal government.
4. Civil lawsuit by the Federal government or private actors in Federal Courts.
The police officers in the Rodney King incident were prosecuted in three of the four ways, as I recall.
Yes, these powers are used for political purposes.
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