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They either had to be prosecuted by local courts in the combat theater or sent back to the United States to face trial in federal district court under the Military Extraterritorial Jurisdiction Act.
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Secondly, individuals can and will sue a company and an enterprise could even be at risk of being prosecuted by local authorities for contravening health and safety law".
Kozlowski and Swartz, who have pleaded not guilty, are being prosecuted by local district attorneys with a scant track record of convicting white-collar criminals, not, as is normally the case, by federal prosecutors.
But because of Oliphant, there's literally a law that says, "If you're white, you cannot be prosecuted by tribal governments, the most local and effective criminal justice systems in Indian country".
Non-American suspects are to be prosecuted by the Justice Department or state and local agencies on charges including murder, rape, drug distribution, firearms violations and illegal re-entry after deportation, a federal felony.
(Failing to vote, for or against, may also be prosecuted by angry constituents).
"These people thought they were pursuing the American dream," says Mark Pennington, a lawyer in Des Moines who regularly defends home buyers being prosecuted by the local United States attorney.
And there are limits to what Holder can do on the executive level, given that so many drug crimes are prosecuted by state and local authorities.
"NYPD officers accused of crimes receive immediate access to legal counsel, are barred from being questioned by police investigators, and ultimately gain the benefit of being prosecuted by their colleagues in the local DA's office – if they're prosecuted at all," Ahmad continued.
The city's government is supervised by Congress, and its local crimes are prosecuted by the Justice Department.
They are being prosecuted by the federal government under civil rights legislation after local authorities proved unable or unwilling to act.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com