BREAKING: SCOTUS upholds the "separate sovereigns" doctrine of double jeopardy
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  BREAKING: SCOTUS upholds the "separate sovereigns" doctrine of double jeopardy
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Author Topic: BREAKING: SCOTUS upholds the "separate sovereigns" doctrine of double jeopardy  (Read 1312 times)
SteveRogers
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« Reply #25 on: June 20, 2019, 09:00:38 PM »

This is a dumb ruling. It contravenes the Fifth Amendment to the Constitution which prohibits double Jeopardy and I'm not understanding why the ruling was 7-2.

Again, this is the way the Fifth Amendment has been read by the courts for 170 years. It was a 7-2 decision because the Court was literally breaking no new ground with this decision.

Yes, the double jeopardy clause bars subsequent prosecutions for the same offense. But an offense against the United States is a separate crime from an offense against one of the states, even if both offenses are based on the same facts. 

To put it another way: If the double jeopardy clause was read the way that you want it to be read, then a state prosecutor could deny the federal government jurisdiction over virtually any federal crime by prosecuting the offender first and giving them a slap on the wrist before the feds can get to them (and vice versa of course).
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Xeuma
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« Reply #26 on: June 20, 2019, 09:04:41 PM »

The Republican replies in here prove that the only people who care about states' rights are Democrats.
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Mopsus
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« Reply #27 on: July 08, 2019, 06:42:37 PM »

Does anyone know if this ruling played into the new Epstein prosecution?
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