This
dual- Jeopardy loophole in this case should be closed. Primary, in order to better investigate on this issue the Supreme
Court must make the Clause of the Double Jeopardy appropriate to both of the
states and also federal government. Consequently, one state or federal
government cannot take legal action on a person two times for one crime. There
is no reason to let them do together what they cannot do alone prosecute a
person twice for the same crime. The court had to revisit exception of the
dual- Jeopardy issues to handle the case efficiently.
Subsequently,
with federal criminal law metastasizing, on the books there are said to be over
45 hundred federal crimes, there is incredible extend beyond the law
of state on everything from possession of drug to odometer tampering. This
significantly increases the intimidation of duplicative prosecution or an
enormous and growing conduct. Third, the state-federal task forces utilize
for prosecuting and investigating crime has been on the climb, roughly in view of
the fact that states legal bodies also needs to initiated the check and balance
on the murder case like this. Under sponsorship of the forces, the overall
authorities of the state may be unable to find the possible solution of the
case and then it is also very important to hand over the responsibility of the
inquiry to federal prosecutors (Scmp.com, 2018).
It is also true that the Department of federal
Justice has a standing guiding principle disappointing such consequential
trial. But the federal course of action doesn’t discontinue prosecutors of the
state to follow the federal cases with their own examination and in some
event; In this case there is no need to rely on federal grace or prosecutors of
state as far as the fundamental rights are concern. Following this, in
particular circumstances what jury’s exoneration decision that claims. In this
case, in-depth analyses are necessary by the court to assume about the rational
happening of the jury. It is necessary even in the situation when the
extraneous facts show that it was not happened rationally (WEISS, 2018). Furthermore, in
this situation, the double jeopardy period is bar by constitution. Following
this, the private citizen and the justice department are responsible to go with
the civil action against the evil local and state action and so against the
officer. Likewise, in this situation, the prosecutors are in the position to
ensure the public about the prosecution misconduct and prosecution of police
brutality are done in the right way. Furthermore, the judge stated to the
jurors that the first degree murder charges should be considered next if they
got the reason that he was responsible for capital murder (Williams,
2018).
References of Propose Solutions of Hong Kong-Taiwan loophole means teen accused of killing girlfriend in Taipei may never face charges
Bernhardt, William. 2012 . Double Jeopardy: A
Novel of Suspense. Open Road Media.
Bomboy, Scott. 2018. The Supreme Court takes on a
big Double Jeopardy case. February 20. https://constitutioncenter.org/blog/the-supreme-court-takes-on-a-big-double-jeopardy-case.
Dudley, Steven. 2017. Homicides in Guatemala:
Conclusions and Recommendations . APRIL 20.
https://www.insightcrime.org/investigations/homicides-in-guatemala-conclusions-and-recommendations/.
EPPS, GARRETT. 2016. The Trouble With Double
Jeopardy. Septemeber 13.
https://www.theatlantic.com/politics/archive/2016/09/the-trouble-with-double-jeopardy/499730/.
Hill, Bob. 1996 . Double Jeopardy. U.S.A:
Harper Collins;.
Hutter, Randi. 2018. Predicting Criminal
Behavior. February 17.
https://www.psychologytoday.com/us/blog/birth-babies-and-beyond/201802/predicting-criminal-behavior.
Kawai, Jun. 2015. Forensic Analysis of the
Wakayama Arsenic Murder Case. October 31. https://www.intechopen.com/books/forensic-analysis-from-death-to-justice/forensic-analysis-of-the-wakayama-arsenic-murder-case.
Legalmatch.com. 2018. What Are the Different
Types of Crimes? June 26.
https://www.legalmatch.com/law-library/article/what-are-the-different-types-of-crimes.html.
Roberts, Akanksha. 2016. Case Study- 2008 NOIDA
DOUBLE MURDER CASE (Overview). May 23.
https://www.linkedin.com/pulse/case-study-2008-noida-double-murder-overview-akanksha-roberts/.
Scmp.com. 2018. Hong Kong-Taiwan loophole means
teen accused of killing girlfriend in Taipei may never face charges.
March 17.
https://www.scmp.com/news/hong-kong/law-crime/article/2137626/hong-kong-taiwan-loophole-means-teen-accused-killing#tIo4UW3DmrXKuYj2.99.
WEISS, DEBRA CASSENS. 2018. Supreme Court to
weigh double jeopardy issue that could impede state cases after presidential
pardon. JUNE 29.
http://www.abajournal.com/news/article/supreme_court_to_weigh_double_jeopardy_issue_that_could_affect_state_cases/.
Williams, Pete. 2018. Supreme Court agrees to
take up double jeopardy issue. June 28.
https://www.nbcnews.com/politics/supreme-court/supreme-court-agrees-take-double-jeopardy-issue-n887301.