Double Jeopardy Clause: According to Term Paper

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If the double jeopardy clause was used to bar parallel federal prosecutions, the defendant in this case would be free regardless of the overwhelming evidence of his participation in the crime. This would mean that the criminal justice system in the country would have exercised a great level of injustice.

Different Interests:

The double jeopardy clause should not be used to prohibit parallel state and federal prosecutions different units of governments may have different interests in an offense. These interests include the definition of an offense and enforcement of laws resulting in the improved the process of criminal justice. While the double jeopardy clause is used to protect an individual from embarrassment, anxiety and insecurity; using it to protect parallel state and federal prosecutions may be a means of promoting injustice.

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For example, in the case of Lemrick Nelson Jr., justice would have not been served if the verdict of the first trial was allowed to stand. The different interest of the federal law enforcement in the case resulted in the eventual conviction of Nelson who was guilty of the alleged crime. Consequently, due to these different interests of the state and federal governments in the case, justice was served.

Conclusion:

The case of Lemrick Nelson Jr. reveals the reasons why the double jeopardy clause should not be used in prohibiting state and federal prosecutions. This is because the use of this clause to bar such prosecutions may result in injustice and ineffectiveness of the criminal justice process throughout the country......

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