Does Double Jeopardy bar prosecution for the Same crime in Federal and State Court? \u00a0A series of petition for certiorari before the United States Supreme Court ask the Court to address whether the Double Jeopardy Clause bars either the State or Federal Government from prosecuting a person for the same crime when the other entity has already convicted the individual.<\/p>\n
The Double Jeopardy Clause of the Fifth Amendment states that no person shall be subject for the same offense to be twice put in jeopardy life or limb.\u00a0 The Clause does not distinguish between State versus federal government.\u00a0 The United States Supreme Court has interpreted this clause as not barring prosecution in State and federal court on the theory that each is a separate sovereign entity.\u00a0 The three petition for Certiorari all ask the Court to revisit this doctrine.<\/p>\n
In support of the petition in Gamble v. United States<\/em>, the defense argues that at the time of the court decision in it was very rare to have both federal and state prosecutions, but with the expansion of federal law, dual prosecutions have become more common. The dual sovereign doctrine was formed in cases from the 1800s and was reaffirmed in a case called Bartkus v. Illinois<\/em>, 359 u.S. 121 (1959). \u00a0The defense points to the concurring opinion of Justice Ginsburg and Justice Thomas in Puerto Rico v. Sanchez Ville<\/em>, 136 S.Ct. 1863 (2016) suggesting that the doctrine should be revisited as reason for the Court to grant certiorari.<\/p>\n