Does the Federal Government Have Jurisdiction Over the State in State Cases?

(The content below was transcribed from an interview done with Acacia Law. We think you'll find it much easier
and more enjoyable to read this way.)

Interviewer: When you're accused of a crime, does the federal government want to step in and take every case they can? How do they decide when to intervene and do they have power over the state police in the state cases?

Acacia Law: The feds don't really have power over the state police. They can't order state police to do things. There are, I think, various agreements between the US Attorney's Office in Arizona and the various county Attorney Offices as to who is going to handle what kind of prosecution, under what circumstances will it go federal, and under what circumstances will it go to state.

Certain Offenses Can Be Prosecuted Federally and on the State Level, Without Violating Double Jeopardy

The other aspect is, for a lot of these offenses, there's what's called joint jurisdiction, which means a person could be prosecuted in both federal court and state court. And importantly, they can be prosecuted by both entities without violating the double jeopardy clause of the Constitution.

Interviewer: What kind of cases would invoke the joint jurisdiction?

The Rodney King Case Is an Example of Joint Jurisdiction

Acacia Law: Probably the most famous example of that would be the Rodney King case, where the officers were prosecuted in state court in Orange County. They were acquitted and then the feds turned around and prosecuted them in federal court, where they were convicted.

Interviewer: So I guess that's a weapon that could be used if the government really wants to bury somebody and make sure they have two attempts to prosecute them for the same crime.

Acacia Law: Yes, that is exactly what happens.