Understanding Double Jeopardy in Criminal Law

According to Wikipedia, in legal terms, double jeopardy is a procedural defense in common law jurisdictions that prevents an individual from being tried again on the same or similar charges following an acquittal, conviction, or, in rare cases, prosecutorial or judicial misconduct within the same jurisdiction [1].

Double jeopardy is a common concept in criminal law – in civil law, a similar concept is that of res judicata. The double jeopardy protection in criminal prosecutions bars only an identical prosecution for the same offence; however, a different offence may be charged on identical evidence at a second trial

In common law countries, this defense can take the form of a peremptory plea, such as “autrefois acquit” (previously acquitted) or “autrefois convict” (previously convicted). These legal principles trace back to ancient Roman law, specifically the broader concept of “non bis in idem,” meaning “not twice against the same.”

Can I Be Charged in Both State and Federal Court for the Same Crime?

According to SCLG, yes, you can face charges in both state and federal court for the same criminal offense. This does not violate the Double Jeopardy Clause of the Fifth Amendment, as long as your actions violated both state and federal laws [2].

The Double Jeopardy Clause protects against being prosecuted twice for the same offense by the same sovereign or government. However, states and the federal government are considered “separate sovereigns” in the U.S.

According to the dual sovereignty doctrine, more than one sovereign (such as a state government and a federal government) may prosecute you without violating double jeopardy, if you break the laws of each sovereignty

Understanding the Dual Sovereignty Doctrine in Criminal Law

According to Ballotpedia, the dual sovereignty doctrine allows separate jurisdictions, such as different states or state and federal governments, to prosecute the same offense when it impacts both jurisdictions [3].

This doctrine creates an exception to the Double Jeopardy Clause of the Fifth Amendment, which typically prevents an individual from being tried more than once for the same crime.

The dual sovereignty doctrine was instituted on the grounds that “different units of government may have different interests to serve in the definition of crimes and the enforcement of their laws, and where the different units have overlapping jurisdictions a person may engage in conduct that will violate the laws of more than one unit

The dual sovereignty doctrine was first upheld in the 1922 case of United States v. Lanza, where the federal government successfully prosecuted an individual after they had already been convicted by a state court for the same crime.

Double Jeopardy Exceptions and Protections

According to FindLaw, while double jeopardy generally prevents a defendant from being tried twice for the same offense, there are exceptions [4]. If a case ends in a mistrial, such as when a jury is hung and cannot reach a verdict, the government can often seek a retrial. However, if the mistrial is due to prosecutorial misconduct, the court may block a second prosecution.

If new evidence surfaces after a defendant has been acquitted, the government cannot retry the individual; prosecutors usually only have one opportunity to prove their case. Conversely, if a defendant is convicted and appeals the decision, an appellate court might overturn the conviction due to insufficient evidence, and in some cases, the government may be allowed to retry the defendant.

Double Jeopardy Protection in Federal and State Courts

The U.S. Supreme Court’s ruling in Benton v. Maryland established that the Double Jeopardy Clause applies to both state and federal proceedings. Before this decision, defendants accused of violating state laws were only protected by their state’s double jeopardy laws, which varied in the level of protection offered.

The Fourteenth Amendment’s incorporation doctrine makes double jeopardy apply to all the states. The court reasoned that each state must afford criminal defendants at least the same protection from multiple prosecutions and punishments the federal government affords under the Fifth Amendment

As a result, state courts cannot offer less protection against double jeopardy than federal courts, though states are allowed to provide greater protection if they choose.

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References:
1. https://en.wikipedia.org/wiki/Double_jeopardy
2. https://www.shouselaw.com/ca/blog/federal-crimes/is-it-double-jeopardy-to-charge-someone-in-state-and-federal-court/
3. https://ballotpedia.org/Dual_sovereignty_doctrine
4. https://www.findlaw.com/criminal/criminal-rights/when-double-jeopardy-protection-applies.html

State vs. Federal Charges: Does Double Jeopardy Apply?