Case Quote by Asha Rangappa
“Under the dual sovereignty principle, the Fifth Amendment's prohibition on double jeopardy - which prevents the government from trying someone twice for the same crime - doesn't apply if the second trial is by a different 'sovereign' - in this case, the state.”
About This Quote
Source Legal doctrine: Dual sovereignty principle, US constitutional law
The Fifth Amendment’s double‑jeopardy protection does not stop a state from prosecuting after a federal trial because they are separate sovereigns.
In simple terms: State can retry after federal case.
Key Takeaway
Recognize jurisdictional limits.
Themes
law
government
rights
Mood
analytical
neutral
Type
legal
educational
When to use this quote
- criminal defense
- law school study
- policy analysis
- public education
Key Concepts
double jeopardy
federalism
state sovereignty
Questions to Reflect On
- How does dual sovereignty affect fairness?
- When should states defer to federal outcomes?
A Different Perspective
Complex cases may still raise fairness concerns.
