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U.S. Supreme Court,
Criminal,
Constitutional Law

Sep. 26, 2018

Will the court upend the dual sovereign doctrine?

When both federal and state law criminalize the same conduct, the defendant can be independently prosecuted under each. That may soon change.

Craig E. Countryman

Principal
Fish & Richardson PC

Email: countryman@fr.com

See more...

OT18

Shutterstock

The Constitution's double jeopardy clause prohibits prosecuting a defendant twice for the "same offence." But this guarantee has long come with a catch. When both federal and state law criminalize t...

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