Does the 5th Amendment prevent a defendant from being tried in federal and state court for the same offense?

Answer 1

Yes and No.

After a state tries someone for a crime and he gets off, the feds have from time to time tried that same person for violating the victims civil rights.

Examples are Ku Klux Klan that have been retried years later, the cops in the Rodney King case....

Even though in these examples, defendants were acquitted, by simply trying them again with charges that have the additional element regarding civil rights deprivation, courts have opined they are different crimes.

Yet if you think in terms of the collateral estoppel doctrine, this shouldn't be allowed to happen....

http://supreme.justia.com/us/397/436/case.html

Answer 2

No it doesn't.

You can be tried in State court for violating "Yourstate law #1234", and then tried in Federal court for violating "Federal law #5678", even though the actual act that violated those two laws was the same.

For example - the cops who were filmed beating Rodney King were tried in CA State court for the crime of using excessive force by beating him. After they were acquitted they were tried in Federal court for the crime of violating Kings civil rights by beating him.

Same act, two different crimes, no double jeopardy.

Michael Vick, in another example, is being prosecuted in Virginia for violating the State law against cruelty to animals. He's also being charged in Federal court for violating the federal law on dogfighting (and on gambling and money laundering).

Same act, two different crimes, no double jeopardy.

Richard

Answer 3

not really.

look at what is happening to michael vick - he went through the federal court process and thought it was all over - only to have the state of virginia go after him for similar charges.

Answer 4

Yes. The 5th Amendment prohibits "double jeopardy" or repeated trials.

Answer 5

You can't be tried again if you are found not guilty, but if your found guilty or plead out, everyone gets a shot.