Can you be retried for the same crime

This is because juvenile courts have the option to try a minor as an adult. If that court tries the individual as a juvenile, then another trial court may not try that same individual as an adult for the same crime, as doing so would violate the double jeopardy rule. Ursery , US , the Supreme Court held that civil property forfeitures did not constitute a "punishment" for purposes of the double jeopardy clause. The civil property forfeiture is a remedial civil sanction, and not a punitive criminal "punishment.

Please help us improve our site! No thank you. Incorporation As with all Amendments to the U. Civil Sanctions In United States v. The 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. When the case was argued in December, most of the justices said they were reluctant to overturn the long-standing precedent. Terance Gamble was arrested and prosecuted in Mobile, Ala. Gamble appealed the double conviction but lost. Alito Jr. United States. He said the two offenses were usually not the same. For example, federal prosecutors may be acting to protect civil rights while state authorities may bring a traditional murder or assault prosecution.

He also cited the example of foreign prosecutions. American prosecutors would gladly try the perpetrator of such a crime, even if he had been acquitted by a local court.

Gorsuch filed separate dissents. But when the people adopted the Constitution and its Bill of Rights, they thought the liberties promised there were worth the cost.

More stories from David G. Judgments of Acquittal in Criminal Trials. Joint Trials for Criminal Defendants. Immigration Removal Proceedings and Criminal Law. Miranda Rights for Criminal Suspects. Right to Record Police Officers. Arrests and Arrest Warrants. Constitutional Rights in Criminal Proceedings. Discovery in Criminal Cases. Hearsay in Criminal Cases. Stages of a Criminal Case. Stages of a Criminal Trial. Limits on Searches and Seizures in Criminal Investigations.

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