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Question on state/federal courts and double jeopardy

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makeugohmmm

Junior Member
What is the name of your state (only U.S. law)? This would be FL.

I have seen a petition going around (facebook of course) asking the Federal government to try Casey Anthony. It says,

"If this case is brought before the Federal court it will be a exception to double jeopardy and from the moment Casey Anthony lied to the FBI she was in violation of The Martha Stewart law. This is a federal offense and comes with a 5 year sentence for each count. First Degree Murder is also a federal offense! Please we must not let this crime go unpunished. An injustice was commited on July 5th, sign this petition and give Caylee the justice she deserves."

Can the federal government really do this? Can they really choose to try a person for murder even if the state finds them not guilty and get around double jeopardy or is this another internet hoax? Or maybe it's both?
 


BOR

Senior Member
The federal govt. and EACH state is a "seperate sovereign" for DJ puposes.

IF, IF, federal element were found, yes, the feds could try her for murder, say arranging the murder by intertstate phone call, etc.

This Martha Stewart violation is not enough to trigger a federal element, IMO

From my head Heath v. Alabama, US SC, was a case where both GA and AL tried the same person for the murder of the same person, it was upheld, as the crime commenced in one state and finalized in another.
 

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