Legal Question in Criminal Law in California

Re: double jeapordy

However, in recent years there's been numerous inroads made in the double jeopardy. The state may prosecute. And then the Feds re-prosecute for civil liberty violations i. e. the King case. The police officers were found not guilty at their state criminal trial for excessive force and battery. And then found guilty at their Federal criminal trial for violating King's civil liberties. So the only sure thing is that the concept of double jeopardy stays two criminal prosecutions. It would have been interesting if O. J. had been criminally prosecuted again by the Feds for the murders.

Re: double jeapordy

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Re: double jeapordy

Double jeopardy comes from the US constitution and applies to the states via the due process clause of the 14th Amendment.

Basically, if you are tried for a crime and found not guilty, you can't be tried for that crime again. If there is a companion civil action arising out of the same transaction it is not barred, as with the OJ Simpson case. There is a similar effect for civil action under the doctrine of res judicata which basically means that the thing has been decided already.