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Overlapping state and federal prosecutions aren't ultra-rare... the killers of Ahmaud Arbery come to mind: state court convicted them of murder, the feds for ha
by zerocrates 3y ago
Overlapping state and federal prosecutions aren't ultra-rare... the killers of Ahmaud Arbery come to mind: state court convicted them of murder, the feds for hate crimes and gun crimes. That kind of split where the federal charges don't sort of squarely address the core content is common, because something like murder in a general sense isn't a federal crime.
As for avoiding the Supreme Court, the case of really tightly matching prosecutions and whether that violates double jeopardy has already happened: the court upheld "separate sovereigns" in Gamble v. US in 2019, a case where both the state and federal government charged someone with illegally possessing a gun as a felon, based on a single traffic stop.