U.S. Supreme Court,
Criminal,
Constitutional Law
Jun. 24, 2019
Ruling is first to consider ‘dual-sovereign’ doctrine’ in nearly 100 years
In a 7-2 decision, Supreme Court affirmed this separate sovereign principle in Gamble v. United States
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.
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 14th Amendment. As a result, neither a state nor the federal government can retry a defendant for the same offense.
For over 170 years, the U.S. Supreme Court has...
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