Question

Marilyn is arrested for arson against a nuclear utility, a crime under both state and federal law. she is convicted in state court and sentenced to five years in jail. then the federal government decides to prosecute her for the same offense. does she have a double-jeopardy defense against the federal prosecution?

Answer 1

Marilyn does not have a double jeopardy defense against federal prosecution after being convicted in state court because the Fifth Amendment's protection against double jeopardy does not prevent separate prosecutions by state and federal jurisdictions for the same crime.

Step-by-step explanation:

Regarding the question of whether Marilyn has a double jeopardy defense against federal prosecution after being convicted in state court, it's important to understand that double jeopardy in the context of the Fifth Amendment does not apply across different levels of government. As stated by the Fifth Amendment, no person can be subject for the same offense to be twice put in jeopardy of life or limb, but this protection is limited to the same jurisdiction. Since federal and state governments are separate jurisdictions, Marilyn can be prosecuted under federal law even after a state conviction for the same criminal act.

This principle was underlined in the case of the Los Angeles police officers involved in the Rodney King beating, who were acquitted in state court but later faced federal charges. Therefore, in Marilyn's case, the federal government does have the right to prosecute her for the same offense without violating the double jeopardy clause of the Fifth Amendment.

Answer 2

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