The
Double Jeopardy Clause of the Fifth Amendment protects a person from a second prosecution for
the same offense, or multiple punishments for the same offense, by the federal government. The
Fourteenth Amendment protects against Double Jeopardy in state courts. The question then
becomes: what happens if a state and the federal government have identical laws? Is it Double
Jeopardy if a person is tried in a federal court and a state court for breaking these identical
laws? This issue is known as dual sovereignty. According to the case of Bartkus
v....
Thursday, February 16, 2012
Does double jeopardy and collateral estoppel apply where a state tries a defendant for armed robbery after acquittal in federal court?
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