The ruling allows both state and federal prosecutors to punish citizens for the same offense.
Under the Fifth Amendment of the United States Constitution, an individual cannot be “subject for the same offense to be twice put in jeopardy of life or limb.” Known as the double jeopardy clause, this has been interpreted to mean (in essence) that a person cannot be tried twice for the same crime. In other words, if you have been accused of a crime, the government gets one bite at the apple. If it fails to convict you, it doesn’t get to try you again.
Yet over the years, the United States Supreme Court has found that there is an exception to this clear constitutional principle. The Court has held that there is a distinction between federal and state governments, so each one could try you for the same crime. As a criminal defense attorney Los Angeles, CA can explain, this exception allows prosecutors to impose double punishments for the same crime. Even if you were acquitted of a crime in state court, you could be tried and convicted in federal court. If you were convicted of an offense in state court, you could be convicted a second time in federal court — all for the same criminal conduct.
In Gamble v. United States, the defendant, Terance Gamble was caught carrying a firearm illegally in Alabama. He was convicted in state court, and sentenced to one year in jail. Federal prosecutors then brought their own charges against Mr. Gamble for the same conduct — illegally carrying a firearm — and convicted him. This resulted in a prison sentence of nearly three years. Mr. Gamble filed an appeal.
The Supreme Court denied the appeal, finding that the exception to the Fifth Amendment “is not an exception at all.” Instead, according to the Court, a criminal offense is defined by law, and each law is defined by a sovereign. If there are two sovereigns — such as the state government and the federal government — then there are two laws and two offenses. In sum, “a crime against two sovereigns constitutes two offenses because each sovereign has an interest to vindicate.” Two justices, Neal Gorsuch and Ruth Bader Ginsburg, wrote strong dissents to the opinion.
As a practical matter, this does not change the landscape for criminal defendants in California whose offenses may also be violations of federal law. According to a criminal defense attorney Los Angeles, CA, in these situations, you could potentially be charged and/or convicted for both a federal and state crime. It is important to understand that this could occur — and that the Supreme Court will not likely overturn this exception to the Fifth Amendment prohibition against double jeopardy in the near future.
At the Chambers Law Firm, we are committed to providing the highest quality defense to clients charged with a range of crimes. If you are facing criminal charges in California, we can help. Contact our firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a criminal defense attorney Los Angeles, CA.
