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.
double jeopardy
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.
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."
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.
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.
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."
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.
Civil Commitment of Sex Offenders Pretends Prisoners Are Patients
The practice evades constitutional constraints by casting punishment and preventive detention as treatment.
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.
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?
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.
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.
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?"
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.
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.
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.
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.
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.