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Double Jeopardy

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  • Double Jeopardy

    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.

  • #2
    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?

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    • #3
      If you are talking about disciplinary action on top of prosecution for a traffic violation, the answer is no.
      Facts do not cease to exist because they are ignored. -- Aldous Huxley
      Two things are infinite: the universe and human stupidity. -- Albert Einstein

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      • #4
        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.


        "Jerry, just remember, it’s not a lie if you believe it". George Constanza.

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        • #5
          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.

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          • #6
            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.
            Originally posted by kontemplerande
            Without Germany, you would not have won World War 2.

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            • #7
              Originally posted by SRT936 View Post
              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.....
              The posts on this forum by this poster are of his personal opinion, and his personal opinion alone

              "Politicians are like diapers. They need to be changed often and for the same reason"

              "We fight not for glory; nor for wealth; nor honor, but only and alone we fight for freedom, which no good man surrenders but with his life"

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