U.S. Supreme Court,
Criminal,
Constitutional Law
Oct. 26, 2018
High court has chance to weigh ‘separate sovereign’ doctrine
For more than 150 years, the Supreme Court has recognized a “separate sovereign exception” to double jeopardy. Justices Ginsburg and Thomas agree that the court needs to examine the exception.
John H. Minan
Emeritus Professor of Law
University of San Diego School of Law
Professor Minan is a former attorney with the Department of Justice in Washington, D.C. and the former chairman of the San Diego Regional Water Quality Board.
OT18
The double jeopardy clause of the Fifth Amendment, which applies to criminal prosecutions, says "nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb." The right to be free from double jeopardy applies to the states through the Fourteenth Amendment. As a result, neither a state nor the federal government can retry a defendant for the same offense.
The Constitu...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In