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Simple English definitions for legal terms
Petite policy
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A quick definition of Petite policy:
Term: Petite Policy
Definition: The Petite Policy is a rule that says the government cannot prosecute someone for the same crime twice, unless certain conditions are met. These conditions include getting approval from the Assistant Attorney General, having a strong federal interest in the case, and having enough evidence to prove guilt. The purpose of this policy is to protect people from being punished multiple times for the same crime, to use government resources efficiently, and to work together with state prosecutors. This policy is important because it helps ensure fairness and justice for everyone.
A more thorough explanation:
Petite policy is a rule created by the Department of Justice that prohibits a federal prosecution after a previous state or federal prosecution based on the same acts, unless certain conditions are met. These conditions include:
- Approval by the Assistant Attorney General
- A substantial federal interest supporting the prosecution
- The previous prosecution failed to vindicate the federal interest
- There is sufficient evidence to sustain a conviction
The purpose of this policy is to protect individuals from multiple prosecutions and punishments for the same act or transaction, promote efficient use of Department resources, and promote coordination and cooperation between federal and state prosecutors.
For example, if someone is charged with a crime in a state court and is found guilty, the Petite policy would prevent the federal government from prosecuting them for the same crime unless the conditions mentioned above are met. This prevents individuals from being punished twice for the same crime and ensures that federal resources are used effectively.
The Petite policy was established in the case of Petite v. United States, 361 U.S. 529, 80 S.Ct. 450 (1960), and is included in the United States Attorneys' Manual § 9–2.031 (Sept. 1997).