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Robert,a Texas Peace Officer,arrests Janet for Public Intoxication

Question 3

Multiple Choice

Robert,a Texas peace officer,arrests Janet for public intoxication.Robert becomes angry at Janet when she vomits in the rear of his patrol vehicle.Without any legal justification Robert strikes Janet three times with his baton.He then takes her to jail.After being released from jail,Janet files a complaint with the local prosecutor regarding Robert's unjustified use of the baton.She also files a complaint with the Federal Bureau of Investigation.After several investigations Robert is terminated from his job as a police officer.Both state and federal authorities desire to prosecute him for his assaultive conduct on Janet.Which of the following statements is accurate regarding this situation?


A) Because of the dual sovereign doctrine,Robert may be prosecuted by both federal and Texas authorities without violating the Constitutional prohibition against double jeopardy.
B) Texas authorities may prosecute Robert only if federal authorities first decline to prosecute him.
C) Robert may not be prosecuted by both federal and Texas authorities because such dual prosecution would violate the prohibition against double jeopardy.
D) Federal authorities may prosecute Robert only if Texas authorities refuse to prosecute him.

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