Author Question: How does the double jeopardy protection in the Fifth Amendment vary from the dual sovereignty ... (Read 71 times)

storky111 · **on:** Aug 24, 2018

How does the double jeopardy protection in the Fifth Amendment vary from the dual sovereignty doctrine? Give examples of the dual sovereignty doctrine.

What will be an ideal response?

Question 2

Polygons are also known as points.

Indicate whether the statement is true or false

amit · **Reply #1 on:** Aug 24, 2018

Answer to Question 1

Double jeopardy prohibits the repeated prosecution of an individual for the same crime in the same jurisdiction if they have formally been punished for or acquitted of the crime. However, various exceptions exist. The Fifth Amendment does not preclude, for example,retrying an individual whose original trial resulted in a mistrial or a hung jury. It does not preclude the retrying of an individual who has successfully secured a new trial through the appellate process nor does it preclude the prosecution of an individual for the same set of circumstances in multiple jurisdictions. Dual sovereignty or the separate sovereigns doctrine is an exception to the double jeopardy clause of the Fifth Amendment; protects the interests of both state and federal authorities in cases in which a single act violates the laws of both sovereigns.Thus, individuals may be tried in state and federal courts for the same set of circumstances. However, they may not be charged in municipal and state courts, because the two are byproducts of the same government and derive their authority from the same body of law.

Answer to Question 2

FALSE