2007-09-25 07:06:07 · 20 answers · asked by kimmyisahotbabe 5 in Politics & Government ➔ Law & Ethics
The state gets a bite at the apple too, but it is piling on.
2007-09-25 07:09:14 · answer #1 · answered by Deep Thought 5 · 1⤊ 1⤋
No. It is not.
Double Jeopardy is when a person has been "declared innocent" and the whole process done with it. Now, if someone tries to prosecute again, to the same person, and with the same crime, that is "Double Jeopardy". Nothing can be done now after the person was declared innocent for the crime.
What's happening right now is:
He made a deal with the federal government. Federal laws means they rule equal throughout the country for all of us.
Now he has to respond to the county where he lived at he time when this happened. Every state has it's own laws (beside the federal ones), and so that's why he has to go through this as all of us would if braking the law.
I hope I clarified it better for you... I know, the law could be very confusing at times...
2007-09-25 07:34:07 · answer #2 · answered by Anonymous · 0⤊ 0⤋
It is not double jeopardy. As long as different levels of government all have jurisdiction over the crime, they can all go after him. Double jeopardy would be if he went to court, was found not guilty, so the prosecution either found new evidence or just changed the case around in a manner to make it more likely for a guilty verdict.
2007-09-25 07:09:51 · answer #3 · answered by jxr182 2 · 0⤊ 0⤋
It is NOT double jeopardy because they are DIFFERENT sovereigns. OJ Simpson got acquitted for a double homicide in LA some time ago. Now, he writes a book detailing exactly how he committed the crimes. Can the State of California now charge him with murder based on his published confession? NO! That would be double jeopardy.
2007-09-25 07:13:17 · answer #4 · answered by bennypin 1 · 0⤊ 0⤋
No. Double jeopardy means you cannot be tried more than once for breaking the same law. He plead guilty to federal law, and is now facing State law. Different laws = not double jeopardy.
2007-09-25 07:09:43 · answer #5 · answered by Anonymous · 1⤊ 0⤋
No it is not double jeopardy -- it just looks like it.
One of the particular rules about double jeopardy is that it only applies to the same govt instituting the same charges twice -- in this case, state and federal courts are independent -- different "sovereigns" in legal parlance -- meaning that they can both independently prosecute -- one for state crimes, one for federal crimes.
2007-09-25 07:39:09 · answer #6 · answered by coragryph 7 · 0⤊ 0⤋
No. He broke both Federal Laws and County Laws. It is sort of similar to OJ. He "won" his murder case, but was then tried and lost the Civil case, which said he was "responsible" for their deaths.
Vick could (and should) go to jail for up to 40 years -- 5 years for each of the 8 dogs he killed. The testimony of his accomplices will be used in the county trial.
2007-09-25 07:53:56 · answer #7 · answered by Anonymous · 0⤊ 0⤋
No he broke both federal and state laws. Just when I thought he got lucky, because the Feds didn't go after him for RICO charges, the state of Virginia comes through to hopefully put him away for a more suitable length of time.
2007-09-25 07:12:15 · answer #8 · answered by UriK 5 · 0⤊ 0⤋
Nope. Double jeopardy means you can't be tried twice for the same crime. However, one action can break multiple laws. In this case, Vick broke both Federal and local laws and can be prosecuted for both.
2007-09-25 07:08:47 · answer #9 · answered by Michael C 7 · 2⤊ 1⤋
No. A person can be charged on a federal and state level. The state charges are going to be different from the federal charges anyway.
2007-09-25 07:11:41 · answer #10 · answered by Anonymous · 0⤊ 0⤋
No, they are two different sets of charges made by two different governmental structures.
Double jeopardy is when you are charged twice for the same crime. It is not the same crime if the "elements" that must be proved are different. For example, conspiracy to commit murder is not the same as attempted murder, because the "elements" that make up the definition of the crime are not the same.
2007-09-25 07:28:24 · answer #11 · answered by raichasays 7 · 0⤊ 1⤋