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According to the Double Jeopardy clause: "[N]or shall any person be subject for the same offense to be twice put in jeopardy of life or limb . . . ." This clause is present in Fifth Amendment to the US Constitutions. Double Jeopardy clause includes four essential and distinct prohibitions: • Prosecution or retrial after acquittal • Retrial after a conviction • Retrial after certain mistrials • Multiple punishments Let me explain the context of the Double Jeopardy clause. This clause of the Fifth Amendment provides many safeguards to American citizens by helping them get set free from the illegal and unjust charges and trials imposed by the government. It protects them from three primary things: • First, a person acquitted after decree of court or expressed innocent once, can not be prosecuted for the same offense for a second time. As it is not allowed according to the context of Amendment V to the United States Constitutions. • Second, no one who has been declared guilty in previous trial can be prosecuted a second time for the same offense. • Third, no one can be put through multiple punishments for the same crime. The Double Jeopardy clause is quite helpful for the wronged people and it protects innocent people from emotional hurts, costly presentations in the court and disturbing criminal trial consequences. This clause prevents government to use its aggressive and persecuting power on the commoners of the US as well as it limits the power authorities of the administration in order to soothe and protect people from unjust trials. What is “Dual Sovereignty” Doctrine? The dual sovereignty doctrine states that a person can be subject to trial twice for the same crime while he is being tried by more than one sovereign government. In simple wording, it elaborates that a person can be tried by the federal government as well as state government for the same crime. Both entities have distinct set of laws that are to be applied within their jurisdictions. How does it not violate the Double Jeopardy principle? It can be explained with the help of an example. Suppose a person in one state shot a gun at someone but killed them in another state of US then he can be tried for murder by both states. Mean to say that he is liable to trials by both of the states having their own sets of principles. In such cases, Dual Sovereignty doctrine would not infringe to the Double Jeopardy clause. Remember that Double Jeopardy clause does not apply in civil cases but applicable in criminal cases. In civil cases one can financially compensate the crime but in criminal cases punishments and penalties are involved and those are sentenced by either state government or federal government or by both depending upon the situation. California Criminal Lawyer
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