Tag Archives: Double Jeopardy
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SCOTUS Opinion: Court Retains Dual-Sovereignty Doctrine Exception To Double Jeopardy Rule
Under the Fifth Amendment, defendants may not be indicted for the same crime twice—otherwise known as double jeopardy. However, the Court had, since Heath v. Alabama, 474 U.S. 82 (1985), held that double jeopardy did not occur when the same offense was prosecuted by different sovereigns, thus creating the “dual-sovereignty doctrine.” In Gamble v. United States, Terance Gamble was ... Read More
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Defendant Who Consents To Separate Trials Not Subject To Double Jeopardy
After Michael Currier was indicted for burglary, grand larceny, and unlawful possession of a firearm by a convicted felon, he opted for separate trials, doing burglary and grand larceny first, unlawful possession second. He was concerned that his prior convictions for burglary and larceny, which would help prove the unlawful possession charge, would prejudice the jury’s consideration of his current ... Read More
TAGGED: scotus, Separate Trials, Double Jeopardy, Currier v. Virginia