LS305-01 Constitutional Law Unit 8 assignment

With that being said both the federal government and

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from being tried by two or more separate governments. With that being said, both the federal government and the state government are able to charge and prosecute one person for the same criminal act, which is often the case for drug related crimes. As well, two or more states can prosecute and try a person for the same criminal act. A local government, is not separated from a state government, therefore double jeopardy would apply in a situation in which a person was prosecuted, tried, and acquitted by a local government. The double jeopardy rule would prevent the state government from subsequently prosecuting and trying that same person for that same crime. In conclusion, there is a renowned tendency to agree that jurisdiction will determinate viability of the Double Jeopardy protection, it has been demonstrated that commentators always lean towards protecting a basic right but when the legal issue has to go through different states, the rules and stipulations function as the proof of how independent each state could be from the other, this exception evidences freedom and legal independence is alive in between each state of our nation, therefore, individuals can be judged for the same crime in different states or in state and federal trial without violating the Fifth Amendment.
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LS305-01 Constitutional Law Unit 8 assignment References: Hudson v. United States, 522 U.S. 93 (1997) Palko v. Connecticut, 302 U.S. 319 (1937) Sattazahn v. Pennsylvania - 537 U.S. 101 (2002) United States v. Halper - 490 U.S. 435 (1989)
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  • Fall '12
  • Fourteenth Amendment to the United States Constitution, Constitutional Law Unit

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