Why Is Double Jeopardy Important
Double Jeopardy
One of the most significant principles of constitutional, criminal and administrative law, which claims "no one can be punished twice for the same crime", applies in most countries. In America, this principle is known as protection against double jeopardy. However, it should be noted that in the United States it has its own features, than in European countries. Thus a detailed consideration of this principle is a necessity for the protection of a human rights and freedoms in the USA.
Double jeopardy clause is one of the most important principles that protect human rights. Despite the fact that double jeopardy clause protects person "against multiple punishments for the same offense, and second prosecution for the same offense after acquittal and after conviction" (Adler), in the United States of America parallel prosecution of crimes at the federal and …show more content…
However, if the criminal case has already been examined in the state court, the federal government enforcement policy is that prosecution for the same crime will take place only in case it has an urgent federal interest. Rodney King trial is a good example of this point. At first, police officers were tried in a California state court for assaulting a black man, however, they were acquitted. Then the federal prosecutors prosecute them to criminal liability and brought to trial under federal laws for violation of civil rights. Since the number of criminal acts controlled by federal laws increases with time, it can be assumed that the number of cases of the application of the doctrine of two sovereigns will gradually arise. Also, due to the same doctrine of two sovereigns, the prosecution authorities of two different states have the right to prosecute a person to criminal liability for the same act committed by
One of the most significant principles of constitutional, criminal and administrative law, which claims "no one can be punished twice for the same crime", applies in most countries. In America, this principle is known as protection against double jeopardy. However, it should be noted that in the United States it has its own features, than in European countries. Thus a detailed consideration of this principle is a necessity for the protection of a human rights and freedoms in the USA.
Double jeopardy clause is one of the most important principles that protect human rights. Despite the fact that double jeopardy clause protects person "against multiple punishments for the same offense, and second prosecution for the same offense after acquittal and after conviction" (Adler), in the United States of America parallel prosecution of crimes at the federal and …show more content…
However, if the criminal case has already been examined in the state court, the federal government enforcement policy is that prosecution for the same crime will take place only in case it has an urgent federal interest. Rodney King trial is a good example of this point. At first, police officers were tried in a California state court for assaulting a black man, however, they were acquitted. Then the federal prosecutors prosecute them to criminal liability and brought to trial under federal laws for violation of civil rights. Since the number of criminal acts controlled by federal laws increases with time, it can be assumed that the number of cases of the application of the doctrine of two sovereigns will gradually arise. Also, due to the same doctrine of two sovereigns, the prosecution authorities of two different states have the right to prosecute a person to criminal liability for the same act committed by