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In Gamble v. United States, Terance Gamble received two sentences and two convictions for the same crime - once under Alabama law and once under federal law due to the doctrine of dual sovereignty. While convicting someone twice for the same crime usually violates the double jeopardy clause of the constitution, the Supreme Court decision in Abbate v. United States declared that because states and the federal government are separate sovereigns, an individual can be prosecuted for the same crime twice, once by the Federal government, and once by a state government. In Gamble v. United States, the Supreme Court upheld this dual sovereignty doctrine. Clark Neily joins us to discuss the decision and its implications.
Featuring:
Clark Neily, Vice President for Criminal Justice, Cato Institute

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In Gamble v. United States, Terance Gamble received two sentences and two convictions for the same crime - once under Alabama law and once under federal law due to the doctrine of dual sovereignty. While convicting someone twice for the same crime usually violates the double jeopardy clause of the constitution, the Supreme Court decision in Abbate v. United States declared that because states and the federal government are separate sovereigns, an individual can be prosecuted for the same crime twice, once by the Federal government, and once by a state government. In Gamble v. United States, the Supreme Court upheld this dual sovereignty doctrine. Clark Neily joins us to discuss the decision and its implications. Featuring: Clark Neily, Vice President for Criminal Justice, Cato Institute Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up on our website. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138. read more read less

4 years ago #constitution, #criminal law & procedure, #litigation