The Supreme Court refused to overturn its long-standing rule that permits both federal prosecutors and state attorneys general to bring charges for the same crime, despite the Constitution’s shield against double jeopardy.
The Constitution is commonly said to protect Americans from double jeopardy — that is, being tried twice for the same crime.
The 7-2 decision preserved a rule that allowed federal prosecutors to bring criminal civil rights charges against two Los Angeles police officers who had been acquitted by a state jury in Simi Valley for the beating of motorist Rodney King. These dual prosecutions were also crucial during the civil rights era when federal prosecutors intervened in criminal cases in Southern states.most of the justices said they were reluctant to overturn the long-standing precedent.
Terance Gamble was arrested and prosecuted in Mobile, Ala., for having a loaded handgun in his car. Because he had a previous conviction for robbery, he was charged under a state law for having a gun after being convicted of a “crime of violence.” Federal prosecutors then filed a second charge against him seeking a longer prison term because he was a felon in possession of a weapon.but lost.
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