State and Federal Procedure Disparities
The contrasts between state and federal criminal prosecutions are numerous. The president appoints federal judges for life, whereas state court judges, including those chosen by the governor, must run for re-election. Assistant United States Attorneys prosecute federal offenses, and federal officers such as FBI, DEA, and ICE agents investigate them. County sheriffs, state agents, or local police officers investigate state crimes, which state district attorneys or city lawyers prosecute. As a general rule, matters in federal court take longer to resolve because there are considerably fewer federal charges, Federal Criminal Defense Attorneys explicates.
State and Federal Court Prosecutions
There are no constitutional barriers to prosecution in both state and federal court for the same criminal act if it violates both state and federal law, albeit this does not happen very often. What about the Clause of Double Jeopardy? While the constitutional restriction on double jeopardy typically prevents someone from being tried twice for the same offense, there is an exception for "independent sovereigns." The Double Jeopardy Clause does not apply since the state, and federal governments are separate.
Federal Criminal Lawyer in Dallas states that four Los Angeles Police Department officers were acquitted of beating Rodney King during a traffic stop by a jury in California state court in 1992. Two officers were convicted after federal prosecutors charged them with breaching King's constitutional rights.
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