Re the Fifth Amendment only applies at the federal level.

Reader comment on: Constitution Under 'Grave Threat'

Submitted by Lyle (United States), Jun 1, 2018 23:29

Note that the state crime and the federal crime are two different crimes and it has always been the case that you could be tried on both. That is one of the elements of federalism. Recall the converse case during the civil rights era where someone got acquitted of murder in a southern state but eventually got convicted on federal civil rights charges. Now it is the case that for a state charge most state constitutions include double jeopardy clauses for state offenses only. The courts have never interpreted the 5th amendment to apply to cases in different court systems.


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Title By Date
What is a "Threat"? [104 words]Robert ZadekJun 2, 2018 20:24
⇒ Re the Fifth Amendment only applies at the federal level. [100 words]LyleJun 1, 2018 23:29

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