A Masked Bandit Robbed a Federally Insured Bank Located in the State

Multiple Choice

A masked bandit robbed a federally insured bank located in the State of New York. John Smith was arrested by federal authorities and tried for this crime under the federal bank robbery law. Under settled interpretation of the Fifth Amendment, the State of New York may retry Smith:

A) for the same criminal acts under state law only if the federal trial ends in an acquittal.
B) for the same criminal acts under state law only if the federal trial ends in a conviction.
C) for the same criminal acts only if state and federal statutes both require proof of one distinct element.
D) for the same criminal acts under a state statute, even if the state and federal statutes are identical.