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Moe Manser
Moe Manser, Paralegal
Category: Criminal Law
Satisfied Customers: 162
Experience:  President of U.S. Legal Research Corp., over 15 years of assisting lawyers nationwide. Federal/State
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what role does jurisdiction play in double jeopardy

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Submitted: 9 years ago.
Category: Criminal Law
Expert:  Moe Manser replied 9 years ago.
DearCustomerbr />
double jeopardy does not play a role in jurisdiction. Double Jeopardy is someone who is tried twice for the same offense; which is prohibited by the 5th Amendment, the U.S. Constitution. '[T]he Double Jeopardy Clause protects against three distinct abuses: [1] a second prosecution for the same offense after acquittal; [2] a second prosecution for the same offense after conviction; and [3] multiple punishments for the same offense. The Double Jeopardy Clause protects against multiple punishments for the same offense. Meaning if you are prosecuted by the federal government for a crime, the state can not prosecute you for the same crime.


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Customer: replied 9 years ago.
Reply to Moe Manser's Post: but double jeopardy doesnt apply when a crime the crime is both fed and state ie rodney king trial.   

but my question was what role does jurisdiction play in double jeopardy not vice versa
Expert:  Moe Manser replied 9 years ago.

I assuming your implying to the dual sovereign doctrine: which declares that laws enacted by separate sovereigns criminalizing the same conduct are necessarily separate offenses and therefore are not subject to a double-jeopardy bar when prosecuted successively. This was at one time a source of heated debate in the court. Under the modern doctrine with out going into much detail because this is a long subject. in US v.Lanza, the supreme court's application of the dual sovereign doctrine, allowing federal enforcement of national prohibition laws under the 18th amendment against defendants already punished under state law for the same acts. The court held that an act denounced as a crime by both national and state sovereignties is an offense against the peace and dignity of both and my be punished by each. The court noted that the fifth amendment was not a limitation on the states. Furthermore, binding the federal government to state adjudication in a state with lesser fines or punishments would result in a "race of offenders" to state courts in order to admit guilt and secure immunity from the harsher federal law, and would thus undermine the efficacy of the national prohibition.