Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Redmen4ever

It means that this case is so big that not only will the state prosecute, but there are federal prosecutors waiting in the wings to file charges.


105 posted on 08/13/2017 7:45:41 AM PDT by Timpanagos1
[ Post Reply | Private Reply | To 103 | View Replies ]


To: Timpanagos1

In general, the federal government cannot prosecute somebody for the same crime that the person faced in a state court. This is why I parenthetically asked, on what charge would this person face in federal court. If he is charged with, let’s say, aggravated vehicular homicide in Virginia, this crime might not even exist under federal law (except in D.C., on a military base, etc.). Even if this crime existed at the federal level, a person could not face a second trial (in federal court) for that particular crime. In the rare instances that the Federal government tries a person for something like a crime a person faced in state court, the federal government makes a new charge. I gave the example of denying a person their civil liberty. See the below reference. But, hey, you’re the constitutional scholar. You figure out what the federal charge would be.

https://www.wklaw.com/double-jeopardy-federal/


110 posted on 08/13/2017 10:20:09 AM PDT by Redmen4ever (u)
[ Post Reply | Private Reply | To 105 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson