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High Court Ruling Highlights Double Jeopardy Complications

On June 26, 2019 by Schnader

Laurel Gift and Randall P. Hsia published an article on Law360, “High Court Ruling Highlights Double Jeopardy Complications.”

“In its recent decision in Gamble v. United States, the U.S. Supreme Court tackled the double jeopardy clause of the Fifth Amendment: ‘nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb.’ On its face, the prohibition against double jeopardy suggests that the government gets only one bite at the apple for criminal offenses: one chance to charge or indict, one chance to go to trial, and one chance to find the truth and obtain justice. In a 7-2 opinion for the Court, Justice Alito upheld longstanding precedent based on the principles of federalism, finding that state governments and the federal government are separate sovereigns and they each deserve their own chance to further their interests via prosecution. Although Gamble does not change the application of the double jeopardy clause as interpreted by federal courts, the prominence of this decision reinforces the significant impact of dual prosecutions and the complications and risks presented for corporate and individual defendants.”

Click here to read the full article.