Legal Question in Criminal Law in Wisconsin
Double Jeopardy: A man flees from police officers and resists arrest. Ultimately, he is beaten by the officers and taken to jail and charged with battery to law enforcement officer. Question: Since the criminal defendant was already corporally punished by the officers (state agents) isn't it double jeopardy to prosecute the defendant for the same crime after the officers have punished the defendant summarily (albeit illegally)?
2 Answers from Attorneys
It has nothing to do with double jeopardy which refers to jeopardy related to the legal court process of prosecution.
Of course not. Force used by the officers is not punishment. If it exceeded what was reasonably necessary than it may have been a battery and a civil rights violation. That is not the same thing as a court proceeding. The man you describe is facing his first jeopardy regardless of the circumstances surrounding his arrest.
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