What is the Petite Policy in federal criminal cases?

The Petite Policy is a policy in federal criminal cases that enables the Department of Justice (DOJ) to avoid duplicative prosecutions of offenses that have already been tried in state court. This policy works to prevent a person from being tried twice for the same crime. The Petite Policy requires that federal prosecutors seek approval from the DOJ before filing criminal charges if the person has already been tried for substantially the same conduct in state court. In South Carolina, if a person is facing a federal criminal charge that involves the same conduct or elements as a prior state court conviction, the United States Attorney (USA) must seek approval from the DOJ to bring the charge. The USA must explain the reasons why it is important to prosecute the case federally. If the DOJ approves the request, the USA can proceed with the prosecution. The Petite Policy also applies to federal appeals. If a person is found guilty of a federal offense based on the same conduct involved in a prior state court conviction, the USA must seek approval from the DOJ before filing an appeal. The USA has to demonstrate why it is in the interest of justice to appeal the case. The Petite Policy works to prevent a person from being tried twice for the same offense. It also serves to protect the interests of the government by preventing wasteful spending of time and resources to prosecute cases that have already been tried in state court.

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What is the Petite Policy in federal criminal cases?

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