What’s the difference between a crime and an offense? A single offense can be two crimes—one state and one federal—and both the state and federal government can try, convict, and punish you. That, according to the Supreme Court, does not run afoul of the Constitution’s prohibition of double jeopardy. From Andrew J. Napolitano at lewrockwell.com:
“…nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb…”
–Fifth Amendment to the U.S. Constitution
The government in America is out of control.
Last week, this column discussed the unconstitutional efforts of federal prosecutors in Chicago to punish an American citizen for crimes that had not yet been committed. This week, I address the wish of federal prosecutors in Alabama to charge and to punish a man for a crime for which he had already been convicted and punished.
There is no happy ending here. Earlier this week, the Supreme Court of the United States ruled that the same criminal event can trigger two prosecutions, one by the feds and one by the state; and it can also trigger two punishments.
Here is the backstory.
Terance Gamble, who had once been convicted of robbery in Alabama, was stopped by a Mobile, Alabama, policeman who claimed Gamble was driving a car with a damaged headlight. He then claimed Gamble gave him consent to search his car. Neither of these police claims is credible, but that is not the point of this argument. When the search revealed a loaded handgun, Gamble was arrested and his constitutional odyssey began.
