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I am having hard time defining this in context with criminal justice. Can anyone help me with a definition?

2007-04-09 14:12:52 · 2 answers · asked by marai91 1 in Politics & Government Law & Ethics

2 answers

The federal government and the states are considered the "dual sovereigns".

So if you commit a criminal act that violates BOTH state and federal law, you can be charged in BOTH state and federal courts, convicted in each, and the Double Jeopardy clause of the 5th Amendment will not protect you.

See the following link in PDF format:

http://law.wustl.edu/WULQ/81-3/765Owsley.pdf

2007-04-09 14:43:51 · answer #1 · answered by krollohare2 7 · 0 0

Dual sovereignty means that a citizen has two countries that has jurisdiction over his criminal act. The country of birth and the country where the crime was committed could prosecute the suspect for the offense.

2007-04-09 14:44:26 · answer #2 · answered by FRAGINAL, JTM 7 · 0 0

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