Posts tagged Fifth Amendment
A High-Stakes Gamble: Reconsidering the Separate Sovereigns Exception

On June 28th, 2018, the Supreme Court agreed to hear Gamble v. United States, a case questioning whether the “separate sovereigns” exception to the double jeopardy clause should be overruled.[1] The double jeopardy clause in the Fifth Amendment, which states “no person shall … be subject for the same offence to be twice put in jeopardy of life and limb,”[2] is generally understood to prevent multiple punishments for a singular offense. However, the Supreme Court has long held that state and federal governments can independently prosecute a defendant for the same offense because they are “separate sovereigns.”

Read More