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double jeopardy

Police tape in front of Speaker Pelosi's California home where her husband was attacked

Criminal Justice

What Message Are Prosecutors Sending by Charging Paul Pelosi's Attacker With 8 State and Federal Felonies?

In addition to six state charges, David DePape faces two federal charges, each punishable by decades in prison.

Jacob Sullum | 11.2.2022 2:45 PM

Michael Lacey in 2017

Criminal Justice

Retrial of Backpage Execs Wouldn't Be Double Jeopardy, Court Says

Former Backpage executives could now face trial again in 2023, after the government's first attempt resulted in a mistrial.

Elizabeth Nolan Brown | 9.22.2022 4:40 PM

People who obtain guns in violation of state law can now be charged with "trafficking in firearms."

Gun Control

Gun Owners Who Are Disqualified Under State Law Can Now Be Charged With 'Trafficking in Firearms'

That new crime, which is punishable by up to 15 years in federal prison, includes receipt of firearms by "prohibited persons."

Jacob Sullum | 7.20.2022 3:40 PM

Supreme Court Justice Neil Gorsuch

Supreme Court

SCOTUS Again Upholds Double Prosecution and Punishment for the Same Crime

Unsatisfied by the outcome of one case, the feds secured a much more severe penalty the second time around.

Jacob Sullum | 6.22.2022 12:01 AM

Gregory-and-Travis-McMichael-mug-shots-GBI

Hate crimes

The Verdict Against Ahmaud Arbery's Killers Highlights the Problems With Federal Hate Crime Statutes

Such laws, which allow redundant prosecutions based on defendants' bigoted beliefs, supposedly are authorized by the amendment that banned slavery.

Jacob Sullum | 2.22.2022 3:10 PM

Ahmaud-Arbery-mural-Newscom

Hate crimes

The Men Who Killed Ahmaud Arbery Were Convicted of Murder. Now They Are on Trial for Racism.

According to a former federal prosecutor, the seemingly redundant case sends "the message that the Justice Department won't tolerate this type of racist hatred."

Jacob Sullum | 2.17.2022 4:15 PM

ChauvinMug_1161x653

George Floyd

Why Is the Justice Department Trying To Punish Derek Chauvin Twice?

The federal charges against Chauvin and three other officers involved in George Floyd's death are more about making a statement than seeking justice.

Jacob Sullum | 5.7.2021 4:00 PM

MSOP-center-Newscom-enlarged

Sex Crimes

Civil Commitment of Sex Offenders Pretends Prisoners Are Patients

The practice evades constitutional constraints by casting punishment and preventive detention as treatment.

Jacob Sullum | 2.10.2021 12:01 AM

featureyoder

Sex Crimes

After He Found California's Indefinite Detention of Sex Offenders Wasn't Working, the State Shut Him Down and Destroyed His Research

Psychologist Jesus Padilla was forbidden to complete research that could have set many indefinitely committed people free. He died with the work unfinished.

Steven Yoder | 3.1.2020 6:00 AM

Richard-Donoghue-USDOJ-big

Hate crimes

DOJ Intervention Dramatically, Irrationally, and Unconstitutionally Increases the Penalty Faced by a Woman Accused of Slapping Jews

How can prosecuting a black woman for slapping Jews in 2020 be authorized by the constitutional amendment that abolished slavery in 1865?

Jacob Sullum | 1.29.2020 5:50 PM

Grafton-Thomas-Newscom

Hate crimes

New York Charged Grafton Thomas With Attempted Murder for Assaulting Jews With a Machete. Why Are the Feds Prosecuting Him for the Same Attack?

A crime in Monsey leads to a redundant prosecution that hinges on the defendant's anti-Semitism.

Jacob Sullum | 12.31.2019 3:30 PM

Paul-Manafort-Newscom-2

double jeopardy

As the Dismissed Charges Against Paul Manafort Show, New York Democrats Love Double Jeopardy When It Hurts Trump's Cronies

Recent revisions to state law will facilitate such duplicative prosecutions of people associated with the president.

Jacob Sullum | 12.19.2019 3:05 PM

Neil-Gorsuch-Newscom-4

Neil Gorsuch

Gorsuch Joins Ginsburg in Decrying a 'Colossal Exception' to the Ban on Double Jeopardy

The Trump appointee is not impressed by the logic of the "dual sovereignty" doctrine: "Really?"

Jacob Sullum | 6.18.2019 11:20 AM

Paul-Manafort-Newscom-2

Clemency

New York Legislators Approve Double Jeopardy for Trump Cronies to Protect 'the Rule of Law'

The bill allows dual prosecutions of people in the president's orbit who receive pardons or commutations.

Jacob Sullum | 5.22.2019 2:20 PM

Chabad-of-Poway

Hate crimes

California Was Ready to Punish This Synagogue Shooter for Murder. The Feds Want to Make Sure He Is Also Punished for Hating Jews.

The federal hate crime charges against John T. Earnest are redundant and constitutionally problematic.

Jacob Sullum | 5.10.2019 1:45 PM

Large image on homepages

Hate crimes

James Fields Killed Heather Heyer Because of Her Opinions, and Now the Government Is Trying to Do the Same to Him

The federal case against the Charlottesville murderer illustrates how hate crime laws punish people for their bigoted beliefs.

Jacob Sullum | 12.12.2018 12:10 PM

Large image on homepages

double jeopardy

Repudiating the 'Dual Sovereignty' Exception to the Double Jeopardy Clause Could Undermine the Federal War on Weed. Oh No!

The Supreme Court seems disinclined to overturn precedents allowing serial prosecutions of the same crime.

Jacob Sullum | 12.7.2018 1:50 PM

Volokh Conspiracy

Dual Sovereign Doctrine Under Attack in the Supreme Court

Strong originalist arguments exist for overruling the dual sovereign doctrine in a case being argued before the Supreme Court today.

Paul Cassell |The Volokh Conspiracy | 12.5.2018 4:30 AM

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