Discussion (4-6 sentences minimum)
DualSovereignty Discussion
Consider these two (somewhat) conflicting doctrines.
1. Double Jeopardy Clause of the 5th Amendment in the Constitution states: “[N]or shall any
person be subject for the same offence to be twice put in jeopardy of life or limb…” This
essentially protects individuals from a retrial after acquittal of the same crime (offense).
2. Dual sovereignty Doctrine- more than one sovereign may prosecute an individual without
violating the prohibition against double jeopardy if the individual’s act breaks the laws of
each sovereignty. Therefore, federal and state governments may both prosecute someone
for a crime, without violating the constitutional protection against double jeopardy, if the
person’s act violated both jurisdictions’ laws.
Sovereignty is defined as the authority of a state to govern itself. Think of state as area or
jurisdiction, not only “states” as in the United States.
Consider the following in your original post:
1. Should the double jeopardy clause prohibit parallel state and federal prosecutions? That
is, do you feel that individuals should not be able to be tried by both the federal and state
government for the same offense? What about multiple states?
2. Explain your reasoning.
After you post your original post, respond to at least 1 of your classmates’ posts.
Possible topics to discuss:
• Where did you and your classmate differ in your opinions?
• What did you learn from your classmates’ post?
In addition, please be sure to follow up with any questions or comments posted on your original
post!
To get the full points:
• Answer the full discussion prompt (4-6 sentences minimum)
• Post your original response and respond to at least 1 of your classmates’ posts by the
appropriate deadline
• Use proper sentence structure, grammar, etc.
As with all discussions, please keep your comments civil. Disparaging comments or personal
attacks will automatically be deleted and their writers will be given zeros for this discussion.