DUAL PROSECUTIONS - A MODEL FOR CONCURRENT FEDERAL-JURISDICTION

Examination of the federal government's policy on dual prosecutions ha s important implications for the debate over the federalization of cri me. In response to concerns about the increasing federalization of cri me, commentators frequently propose principles to restrict federal cri minal jurisdiction. The U.S. Department of Justice's Petite Policy att ends to similar concerns in one narrow context by establishing a stron g presumption against federal reprosecution of a defendant already pro secuted by a state for the same conduct. The workings of the policy de monstrate that the problems that critics of federalization seek to sol ve with legislative restrictions can be solved at the level of prosecu tion policy. This approach, in contrast to legislative restrictions, e nsures the possibility of a federal prosecution in exceptional cases t hat uncontroversially warrant federal involvement to vindicate importa nt national interests. That insight points the way to a model of the r ole of the federal government in criminal law areas generally regulate d by the states.