English Deutsch Français Italiano Español Português 繁體中文 Bahasa Indonesia Tiếng Việt ภาษาไทย
All categories

Ok as I understand the definition: You can't be charged for the same crime twice? Yet this mother who killed the bf that broke up with her daughter was tried and convicted and later release on a technicality. The state wasn't able to try her on the crime again but the federal level was. But double jeapordy is a constitutional law which shouldn't let federal retry her for the crime. Just doesn't make sense. If the federal can try someone that was already tried in a state then what use is double jeapordy?

2007-12-13 14:36:22 · 3 answers · asked by Aintitthetruth 3 in Politics & Government Law & Ethics

Even if they are considered two differenting entities it makes no sense. The constitutional law would suceed all laws which the 5th ammendment grants. They are still tring a crime two times even if in seperate portions of government. They both abide by the constitutional law and the person would have been tried two times for the same crime in the us making the 5th wortthless. I can be found innocent in my state and yet the federal can charge me yet again?

2007-12-13 14:48:12 · update #1

3 answers

I don't understand how they do it either. OJ Simpson was let go by the federal court, then found guilty by a civil court. In my opinion, that was double jeopardy. To me, that goes against the "color of the law"!

Maybe it's time for our lawmakers to take a second look at our constitution!

2007-12-13 16:43:52 · answer #1 · answered by rexski 5 · 0 0

Courts have held that Federal Laws and State Laws are different. Being tried for both does not violate double jeopardy.

For example, the Officers involved in the Rodney King Incident were acquitted on the State Charges, but later convicted on Federal Charges for the same event.

2007-12-13 14:42:23 · answer #2 · answered by Citicop 7 · 0 0

It has been held that it is not double jeopardy if a separate sovereign entity brings up charges on the same event or facts such as State and Federal governments. They are considered separate sovereign entities.

In order to apply, both entities would have to have laws pertaining to the crime that occurred.

2007-12-13 14:42:37 · answer #3 · answered by Chris G 4 · 0 0

fedest.com, questions and answers