Why double jeopardy isn’t a factor for the two convicted of kidnapping Kamille ‘Cupcake’ McKinney

BIRMINGHAM, Ala. (WBRC) - Many of you are probably curious why both Patrick Stallworth and Derick Brown are back in court.

The two were found guilty of federal kidnapping charges and sentenced to life in prison without the chance of parole just last Friday.

Retired judge and current Samford Law Professor John Carroll tells us the legal term is “dual sovereignty.” Basically, it means the state and federal system are two separate entities.

Many of you have likely heard the phrase double jeopardy and the idea that you can’t be tried for the same offense. The fifth amendment in our constitution provides protection from double jeopardy, but there are a few reasons why it isn’t a factor for either Stallworth or Brown.

“We have two separate, entirely separate court systems. You can be convicted in federal court, in state court, it doesn’t matter. You hear about the double jeopardy clause, ‘well, I can’t be tried twice for the same offense.’ That doesn’t work when you’re talking about federal and state. So you can have a separate federal and a separate state conviction on exactly the same offense,” said Carroll.

Another factor is that the two are facing different charges in the courts. In federal court they were found guilty of kidnapping, and it is in state that they will be tried for capital murder.

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