Double Jeopardy's Definition and Protections
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Case:
The silent alarm rings from the local bank. The 911 center also receives calls that that bank doors are locked and shots have been fired. All available patrol units, SWAT, and special forces head to the scene. Upon arrival, your units realize that this was an active bank robbery in progress. After a short period of time, shots ring out. You know that one of the suspects is dead, two officers are wounded, and one is killed. After 4 hours, the gunmen surrender. Now that the scene has settled down, you realize that there are five robbery suspects. Four are in the county jail, and one was shot and killed in the crossfire. Now that the four have been booked, you know this case needs to be transferred to the federal government.
1. Why would this case be transferred into the federal system?
2. Define "double jeopardy".
3. Do you think this case falls under the double jeopardy clause?
4. What type of documentation will you need to transfer the case to the federal system?
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Solution Summary
This solution provides student's with insight into the 5th amendment protections against double jeopardy in the United States judicial system.
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1. Why would this case be transferred into the federal system?
Because this is a federal crime wherein the bank robbery was a violation of the federal statute (18 U.S.C. 2113 (a)), this crime would be transferred to federal court. All bank robberies of Federally Insured banking institutions insured by the Federal Deposit Insurance Corporation (FDIC) are considered federal crimes. Therefore, the federal government has jurisdiction in prosecuting these crimes.
2. Define "double jeopardy".
Double jeopardy is a ...
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