Professor Speaking: "In this post, I will explain what I am looking for in your posts this week so ALWAYS read my post before you post!"

Question:

Federal vs. State Systems

The federal court system is national in scope and offers many advantages over the individual state systems. Discuss some advantages and disadvantages to proceeding with a federal criminal prosecution as opposed to a state prosecution, providing that there is concurrent jurisdiction.

What the professor is looking for:

1. For purposes of this question, please begin your discussion with a definition of concurrent jurisdiction and then explain the circumstances that would give both a state and federal court concurrent jurisdiction of a criminal offense.

2. Next, describe the advantages and disadvantages of pursuing a criminal prosecution in federal as opposed to a state court.

Please conclude your discussion by explaining why the Federal government may decide not to prosecute and defer to a state court for prosecution.

Could both the state and federal governments prosecute for the same offense without running afoul of the double jeopardy clause? If so, why wouldn't both governments prosecute for the same offense?