What is the Petite Policy in federal criminal cases?

The Petite Policy is a principle that was established by the United States Supreme Court in 1962. It holds that the federal government should not pursue criminal charges in cases where state authorities are already prosecuting an individual for the same offense. The policy is also known as “dual sovereignty,” and it is meant to prevent different levels of government from unduly punishing an individual for the same crime. In California, the Petite Policy has been adopted by the United States Court of Appeals for the Ninth Circuit. The court holds that if the state is already prosecuting an individual for a crime, federal court should abstain from taking further action. This policy is intended to protect defendants from the increased penalties of being prosecuted twice for the same crime. The Petite Policy is sometimes referred to as the “avoidance doctrine.” The court has held that in order for the federal government to pursue a case, there must be additional factors beyond the state’s current prosecution. The federal court must have a “substantial federal interest” in the case, such as a need to address allegations that a federal public official has violated the law. In California, the Petite Policy has been an effective means of ensuring that individuals are not disproportionately punished for the same crime. It has been an important tool used by the federal courts to ensure fair and just outcomes for nationally-significant cases.

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What is the Petite Policy in federal criminal cases?

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