Dual and Successive Prosecution Policy
![handle is hein.journals/cjust10 and id is 145 raw text is: Dual and Successive
Prosecution Policy (Petite Policy)
The following represents a coplepte revision of USAM 9-2.142. It supersedes all prior Department
(of justice,) guidelines and policy statemnents on the same subject:
I. STATEMENT0OF POLICY 9 -27 .I10, elseq.
A. This policy establishes guidelines for the exercise JE. in order to ensure the most efficient use of law
of discretion by appropriate officers of the enforcemnent resources, whenever a matter involves
Dep~artmenit of justice in determining whether to overlapping federal and state jurisdiction, federal
bring a federal pr Osecution based on substantially the prosecutors should at the earliest possible time coor-
sarne act(s) or transaction(s) involved in a prior state dinaite with their state Counterparts to determine the
or federal proceeding.' most appropriate single foruIm in which to proceed to
B. The purpose of this policy is to vindicate substan- satisfy the substantial federal and state interests
tial federal interests through appropriate federal pros- inVol ved, and to resolve all criminal liability for the
ecutions; to protect persons charged with criminal acts in question if possible.
conduct fromn the burdens associated with multiple 11. TYPES OF PROSECUTIONS AS TO WHICH THIS
prosecutions and punishments for substantially the POL 10Y A PPLIES4
same actks) or transactions(s); to promote efficient uti- A. This policy applies whenever the contemplated
lizatiori of Department resources; and to promote federal prosecution is based on substantially thle
coordination and cooperation between federal and same- act(s) or transaction(s) involved in a prior' state
state prosecutors, or federal prosecution.
C. This policy precludes the initiation or continuation B. This policy constitutes an exercise of the
of a fed~eral prosecution, following a prior state or Department's prosecutorial discretion, aind applies
federal prosecution based on substantially the samneevnwre
act(s) or transaction(s), unless: Ive awprir ae poeuin w ud o eal a
ar Te ollwingtredusanie: rcuiie subsequent federal prosecution under the Double
are stisfed:~Jeopardy Clause, due to the doctrine of dual soy-
a. the m~atter must involve a su~bstantial federal ereignty, see Abbate v. Unitedl Staltes, 359) U .S. I 87
interest; (1959); or
b. the prior prosecution must have left that 2, a prior prosecution VVOLId not legally bar a sub-
interest demonstrably Unvindlicated; and Sequent ,late or federal prosecultion' under the
c. applying the same test applicable to all fed- Doubhle jeopardy Clause, because each offense
eral Jplo)'e.cutions, the govrnEnt WIJMust believe requires proof of an element not contained in the
that the, &fendarit(s) conduizt I ((nstitutes a, fed- other' see Unitedl States v, Dixon, 11 3 S. Ctb 2849
eral o)ffewse, ]lnd that the idmk~ible evidence (1993); BIockburger v Unitedl States, 284 U .S. 299
probhk \,yill be sufficient o obtain and sutain I93)
aconvic_1tio by an unbiased trier of fact; Lind C. This policy does not apply (and prior approval
2The follovwrng procedural prerequisite is satis- therefore is nlot required pursuant to it I where the
fied;; the prosecution must be approved by the Prior prOsecution involved only a minor part oif the
appropriate Assistant Attorney Gieneral. Contemplated federal charges. For exam~ple, a federal
D.h Satisfaction of the substantive~ prerequisites in l conspiracy or RICO prosecutioni mray allege overt
I.C. 1! does not mean that a proposed pr'osecution acts or predicate offenses previously prosecuted, as
mutbe approved or brought. The traditional ele- long as those acts or offenses do not represent sub-
rret of feder~al prosecutorial discretion continue to st-intially --the whole of the conitemxplated federal
applv. See Principkes of Federal Ptosecution, USAIM charge, and (in a RIlCO proSecution) as long as there
are a Sufficient number of predicate offenses to suIs-](ViewImageLocal?handle=hein.journals/cjust10&div=39&collection=&method=preview&ext=.png&size=3)
What Is HeinOnline?
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most
Dual and Successive Prosecution Policy
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most