What is dual sovereignty? How can a defendant be prosecuted for the same act at both the state and federal levels? Use the Rodney King case to develop support for your answer.

Question

What will be an ideal response?

Answer 1

A strong answer will define dual sovereignty as the sharing of power between state and federal governments; however, a preemption doctrine exists where federal criminal laws are constitutionally superior to state laws. A defendant can be prosecuted for the same act at both the state and federal levels if the criminal charges slightly differ. Students must recognize the significance of the preemption doctrine when discussing the concept of dual sovereignty. When providing an argument for prosecution at state and federal levels, the student must provide specific charges given at the state level (assault with a deadly weapon and excessive use of force by a police officer) and federal level (violation of constitutional rights under color of law). Finally, the students must provide the holdings from two trials, any sanctions, and discuss the concept of double jeopardy (or debate whether this is actually double jeopardy).