Double Jeopardy

[ackch46]

Is it double jeopardy if an Officer is involved in a traffic accident on duty in a city vehicle, is issued a traffic citation in city court from the city police, and is then charged on the precinct level for said accident? It seems to me that it would be since the same agency is charging the individual for the same incident twice.

[amw315]

what is a precinct level?

are you talking about disciplinary action from the department in addition to being issued a citation for the traffic violation?

[DAL]

If you are talking about disciplinary action on top of prosecution for a traffic violation, the answer is no.

[Ex Army MP]

DAL is right. One is criminal( and not even that ,actually) and one is administrative.

We have had this argument when with inmates who commit crimes, i.e. possession of heroin and such while in prison. They get hammered administratively and then face criminal prosecution in addition to this.

It doesn't stop a defense attorney from raising the argument.

[just joe]

Administrative sanctions are completely separate from criminal sanctions. The court is taking action because you violated the law. Your dept. is taking action because you violated policy.

[SRT936]

Try this one of size: You use excessive force on someone while on duty. You can be disciplined by your department, charged criminally in state court, AND be charged federally for a civil rights violation. Three punishments, one occurrence, no double-jeopardy.

[LA DEP]

Try this one of size: You use excessive force on someone while on duty. You can be disciplined by your department, charged criminally in state court, AND be charged federally for a civil rights violation. Three punishments, one occurrence, no double-jeopardy.

Yup......

I am sure the names Laurence Powell; Stacey Koon; Timothy Wind; and Theodore Briseno ring a bell.....