Step 1 Consider the following facts . Assume the following facts: Bill and Georg

Question

Step 1 Consider the following facts.

Assume the following facts: Bill and George go camping in a park that straddles the Florida- Alabama state line. Bill is standing in Florida. George is standing 10 feet away but in Alabama. Bill tells George that Bill loves George's long time girlfriend. George is enraged. While standing in Alabama, George pulls out a pistol and shoots and kills Bill who is still standing in Florida.

Step 2 Write a short summary of your findings.

In a 250 to 500 word, (double spaced Word document) original paper, give your reasoned opinion as to what jurisdictions can prosecute George for murder without violating the Double Jeopardy Clause and why.

Explanation / Answer

Answer:

This is a case where an offence act (murder) had been done by a person in one state by standing in another state. The scenario is as below

Bill is standing in Florida State and George is standing in Alabama State. Both were standing in two different States. Now George (from Alabama State) fired to Bill (in Florida State). Thus George did a crime of shooting a person in Alabama State but the person who was shooted was in Florida State.   

But in this case one event was happened. One person is shooted and killed by another person, though they were standing in two different states. Thus the murderer person had violated the rules of both the states, like by violating the rule of one state of shooting and violating the rule of another state by killing a person. Thus this comes under violating the rules and making offences in both the states.

Double Jeopardy Clause: This is the clause as per which a person cannot be charged twice for a single offence case. Thus a person can be charged once for a single offence done by him. This is known as Double jeopardy clause. This clause protects the double charges for a person for single offence.

In the above scenario, the person George had violates the rules of one state of Alabama. Thus he had done a offence of shooting a person in Alabama state. So as per the offence rules of the Alabama state George will be punished for his crime.

For other state, the George had violated the rules by killing a person in Florida State. So Florida states charges will be applicable to George for killing a person.

So if a person has violated the two different rules of two states, then both the states can raise different charge sheets for the offensive person. This is as per the Dual Sovereignty Doctrine.

Dual Sovereignty Doctrine: As per this doctrine, a person can be charged by two different states, if he had violated two different rules of two states. This rule will not violate the rule of Double Jeopardy Clause. This is an exception for the Double Jeopardy Clause.

Thus the two state jurisdiction can prosecute George for the different rule violating to the different states.

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