Explain what is meant by the Double Jeopardy Clause. If a defendant was conducting a criminal enterprise that violated both state and federal law, and the defendant was tried and found not guilty in a state court, can a federal government still prosecute this person? Explain.
What will be an ideal response?
The Double Jeopardy Clause of the Fifth Amendment protects persons from being tried twice for the same crime. However, if the same act violates the laws of two or more jurisdictions, such as a state and the federal government, each jurisdiction may try the accused. Thus, even though the defendant in this example was found not guilty in state court, because his actions allegedly also violate federal law, this person can be prosecuted by the federal government without violating the Double Jeopardy Clause.
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What will be an ideal response?
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a. True b. False Indicate whether the statement is true or false