How can a state and Federal court have jurisdiction over same defendant committing the same crime, yet have?

Question

distinct ans seperate juristictions? Please help I dont understand the question. Can someone give me an example of this?

Answer 1

Sometimes the federal government and state governments have concurrent jurisdictions--they overlap. They are separate legal systems, so there is no double jeopardy. To better explain the OKC bombing someone mentioned, the bombing occurred within the state of Oklahoma giving OK authorities jurisdiction (city, county, state). However, that particular building was a federal building, so the federal government also had jurisdiction for that property. Both the federal government and the Oklahoma government have laws against murder. Thus committing a murder within the boundaries of OK subjects you to OK jurisdiction. In that case, the federal government had jurisdiction on that property, so there was also federal jurisdiction for the murders.

Keep in mind, however, that the respective authorities chose not to try the same cases in the OKC bombing. The federal government limited its charges to the murders of the federal agents. The OK government limited its charges to the murders of everyone else. Still, they could have. There is no double jeopardy involved between the federal and state governments. They are two different justice systems.

Answer 2

Actually, that isn't very hard. Certain crimes, such as grand larceny, are defined by both state and federal statutes. You can commit grand larceny and NOT be subject to the federal statute. However, if you ARE subject to it, then you are subject to your state's statute, most assuredly. It's called Subject Matter Jurisdiction.
Please keep in mind that in almost all situations where the feds have jurisdiction, the action can also be brought in state court, where it is a civil action.
If you want more information on Subject Matter Jurisdiction, I highly recommend the works of Professors Friedenthal and Cowen.

Answer 3

Federal jurisdiction if crime crosses state line... If feds want the crime this isn't too hard, using US mail always sufficient... And using phone may be sufficient as well... If entirely in one State then State has the case.... Double jeopardy prevents two concurrent cases at State and Federal levels.. However (as in Rodney King case), Fed can be creative and argue a different type of crime and jurisdiction attaches... State can do same (i.e. prosecute a Federal defendant convicted of robbing a Bank for stealing the getaway car...)

Answer 4

Usuaully the feds take the prosecuction of a case which crosses state lines otherwise the state the crime was commited in would prosecute but both can't prosecute for the same crime at the same time.

Answer 5

There are state laws and federal laws. When the Oklahoma City bombing happened, the state of Oklahoma and the feds both prosecuted Terry Nichols. Prosecuters like to get their hands on someone even if they've already been tried and convicted in another jurisdiction.

Answer 6

We have federal laws and we have state laws. No state may enact laws that conflict with federal laws.
Example: Someone steals a truck loaded with goods in one state and drives it into another state. The state where you are caught can charge you with having a stolen vehicle. The federal government can also charge you with transporting stolen goods across state lines. When you cross state lines in the process of committing a crime you break federal laws.

Answer 7

it's called concurrent jurisdiction....some statutes allow both state and federal courts to try an action. Often, it's because the subject matter overlaps. Example--violati9on of civil rights (USC sectin 1983)--fed statute, but can be heard in state court

Answer 8

If possession of cocaine is illegal according to the federal laws, and possession of cocaine is illegal in the state laws. Then both can have a shot at you. However both cannot try you because of double jeopardy.