When double jeopardy doesn’t apply

The Supreme Court says a person technically can be charged twice with the same crime, after all. That’s according to a report by CNN.

Normally, trying a suspect for the same crime twice is considered prohibited under something called “double jeopardy.”

But double jeopardy reportedly doesn’t come into play if someone is being tried once in a federal court, then once in a state court.

CNN’s report goes on to explain that someone who is convicted of a federal crime or even receives a federal pardon can still be tried separately under state law.

CNN gives the specific example of Terrence Gamble. He was convicted of a federal crime, and was also convicted of the same crime in state court:

Gamble argued his prosecutions violated the Constitution because the double jeopardy clause of the Fifth Amendment forbids successive prosecutions. But writing for a 7-2 court, Justice Samuel Alito ruled against him, holding that the court has ‘long held’ that a crime under one sovereign’s laws is “not the same” offense under the laws of another sovereign.

Ariane de Vogue and Devan Cole for CNN

To find out more, read the rest of CNN’s article here: Double jeopardy – blurred lines?

Fight improper government surveillance. Support Attkisson v. DOJ and FBI over the government computer intrusions of Attkisson’s work while she was a CBS News investigative correspondent. Visit the Attkisson Fourth Amendment Litigation Fund. Click here.

Leave a Comment

Your email address will not be published. Required fields are marked *

4 thoughts on “When double jeopardy doesn’t apply”

  1. How can I view your interviews or listen to your pod casts. You are not scheduled on TV in Los Angeles.

    1. Sharyl Attkisson

      All the ways to watch Full Measure are listed here. You can watch right now in fact online at http://www.fullmeasure.news! The link tells ways to watch on demand as well.
      And we don’t publicize it but all of our programs are on this YouTube channel. https://www.youtube.com/channel/UCxOEp-QgiQMwqBmJlBbgrJQ/videos
      Podcasts are on this website under “Podcast”: https://sharylattkisson.com/podcast/
      The podcasts can also be heard on any popular podcast distributor such as iTunes. Search “Sharyl Attkisson.”
      Thanks for your support!

  2. WestcoastDeplorable

    But your honor, I would argue it’s merely different divisions of the SAME sovereign! Alito got it wrong IMHO.

Scroll to Top