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| Authored by: Anonymous on Monday, September 24 2012 @ 01:23 PM EDT |
If I recall correctly, there is SCOTUS jurisprudence on this issue.
The state and federal chages for a single crime will only be considered one
offence and hence violate double jeprody if all of the elements to the crime are
the same for both jurisdictions. (Note: this applies not just between state and
federal, but all cases where multiple juristictions apply)
In actual practice this will almost never be the case.
While there are exceptions (bank robery for one) the vast majority of Federal
criminal laws that are duplicative of state laws specifically require one of the
following as an element of the crime:
1. State boundaries were crossed in the commision of the crime makeing the
crime interstate.
2. The crime occured on federal land (federal parks, military base or other
land falling under direct federal juristiction).
Since no state criminal statutes require either of these elements, the
corresponding federal and state charges will almost always be considered
separate offenses for purposes of double jeparody analysis.
[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Tuesday, September 25 2012 @ 09:21 PM EDT |
Yes, because ALL my legal knowledge comes from Law and Order,
all my medical knowledge comes from House, and all my history
knowledge comes from Asterix comments.
People in the know who watch shows like Law and Order
generally get a good laugh out of them :-)[ Reply to This | Parent | # ]
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