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The Dual Sovereignty Principle

By Baker Associates

The Constitution grants many different rights to criminal defendants with one of the most important being protection from ?double jeopardy,? which is being tried twice for the same offense. This protects defendants by preventing them from being found not guilty of an offense by a jury of their peers and then being put right back to trial for the same offense in front of a different jury. This right has also been interpreted as protecting defendants from being convicted of two different criminal offenses for the exact same conduct by the state or federal government. However, it is of vital importance to note that the double jeopardy principle does not protect a defendant from being prosecuted by both the state and the federal government for the same offense...continue to full post

Full post as published by Tennessee Criminal Lawyer Blog on May 05, 2010 (boomark / email).