Difference between revisions of "Double Jeopardy"
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The U.S. Department of Justice has developed an internal restriction on pursuing a prosecution after state prosecution has failed, and will only pursue a second prosecution for "compelling reasons" after the prosecutor has obtained prior approval from the Assistant Attorney General, a restriction known as the "''Petite'' Policy."<ref>''See'' Petite v. United States, 361 U.S. 529 (1960), ''available at'' http://openjurist.org/361/us/529/petite-v-united-states.</ref> A criminal defendant should not rely on this policy, however, as a total restriction against federal prosecution. | The U.S. Department of Justice has developed an internal restriction on pursuing a prosecution after state prosecution has failed, and will only pursue a second prosecution for "compelling reasons" after the prosecutor has obtained prior approval from the Assistant Attorney General, a restriction known as the "''Petite'' Policy."<ref>''See'' Petite v. United States, 361 U.S. 529 (1960), ''available at'' http://openjurist.org/361/us/529/petite-v-united-states.</ref> A criminal defendant should not rely on this policy, however, as a total restriction against federal prosecution. | ||
| − | Similarly, the "separate sovereigns" doctrine allows for two states to prosecute for the same crime given proper jurisdiction in both locations. For instance, if a man commits a crime that occurs across the boundaries of two states, both states are allowed to prosecute the same charge on the same criminal acts. Successive prosecutions by a state and one of its political subdivisions, such as a county, city or village, are not permitted. Similarly, there will be no double jeopardy issues raised by dual prosecutions in the United States and by a foreign sovereign, although issues of diplomacy, international treaties and extradition agreements may be implicated in such proceedings. | + | Similarly, the "separate sovereigns" doctrine allows for two states to prosecute for the same crime given proper jurisdiction in both locations. For instance, if a man commits a crime that occurs across the boundaries of two states, both states are allowed to prosecute the same charge on the same criminal acts.<ref>''See'' Heath v. Alabama, 474 U.S. 82 (1985), ''available at''http://ftp.resource.org/courts.gov/c/US/474/474.US.82.84-5555.html (holding that the defendant could be prosecuted in both Georgia and Alabama for the same kidnapping and murder charges).</ref> Successive prosecutions by a state and one of its political subdivisions, such as a county, city or village, are not permitted. Similarly, there will be no double jeopardy issues raised by dual prosecutions in the United States and by a foreign sovereign, although issues of diplomacy, international treaties and extradition agreements may be implicated in such proceedings. |
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