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The Title 28 of the United States Code QUESTION #3734
Question 1
A defendant is acquitted of murder in state court. Can the federal government later charge the defendant with 'violating the victim's civil rights' based on the same killing without violating Double Jeopardy?
  • No, Double Jeopardy prevents being tried twice for the same act.
  • Yes, under the 'Dual Sovereignty' doctrine.✔️
  • No, unless new evidence is discovered.
  • Yes, but only if the first trial was a bench trial.
Correct Answer Explanation
The 'Dual Sovereignty' doctrine allows different sovereign entities (State and Federal) to prosecute a person for the same conduct if it violates the laws of both sovereigns.