Criminal offenses that happen in more than one state could result in the accused finding themselves in more than one courtroom. That’s because each state has the right to prosecute someone where a crime is committed. Furthermore, if the crime is such a serious offense that it rises to federal charges, someone could be tried in a federal court too.
Additionally, just because a crime is committed in multiple states does not mean prosecutors in both states will automatically pursue charges. After a conviction in one state, a prosecutor in another state may decide that the punishment is already sufficient and choose not to seek additional charges. For instance, if someone receives life in prison without parole, another state might consider further prosecution unnecessary.
Double Jeopardy and the Fifth Amendment
Double jeopardy refers to the legal protection preventing someone from being tried twice for the same crime in the same jurisdiction. This right is guaranteed under the Fifth Amendment to the U.S. Constitution, which states that no person shall “be subject for the same offense to be twice put in jeopardy of life or limb.”
However, double jeopardy does not apply when separate sovereigns (such as two states or a state and the federal government) prosecute the same conduct. This principle, known as the dual sovereignty doctrine, means someone can face charges in different jurisdictions without violating the Fifth Amendment.
While this wasn’t the first case to address the dual sovereignty doctrine, in 1985, the U.S. Supreme Court decision Heath v. Alabama clarified the law. The case involved two men who were hired by the defendant to kidnap and kill the defendant’s wife. The men committed the crime in Alabama but the woman’s body was found in Georgia. Those men were given life sentences.
The defendant, on the other hand, agreed to a deal in Georgia where he pleaded guilty for the death of his wife in exchange for a life sentence. However, Alabama prosecutors decided to file charges for the murder connected to the kidnapping, and the defendant was sentenced to death.
Prior to his death, the defendant had argued that he was being charged with double jeopardy. The case went to the Supreme Court where it was ruled that under the dual sovereignty principle, two states can separately pursue charges against someone for the same crime without violating the Fifth Amendment.
When Does Double Jeopardy Not Apply?
Double jeopardy protections do not apply in several situations, including:
- Separate sovereigns: When multiple states or the federal government bring charges for the same conduct.
- Mistrials: If the trial ends before a verdict due to a hung jury or legal error.
- Appeals or retrials: If a conviction is overturned on appeal or if the defendant requests a new trial.
- Civil vs. criminal cases: Being sued in civil court after a criminal acquittal
Does Double Jeopardy Apply to Murders?
Yes, double jeopardy applies to all criminal charges, including murder. Once a defendant has been acquitted or convicted of a particular homicide in a given jurisdiction, that same jurisdiction cannot retry them for the same victim and event. However, if another state or federal court also has jurisdiction, both may prosecute under the dual sovereignty exception.
If New Evidence Is Found, Is It Double Jeopardy?
If new evidence is discovered after an acquittal, it generally cannot be used to retry the defendant, doing so would violate double jeopardy protections. The only exception arises if the new evidence leads to separate or distinct charges (such as tampering or perjury) or falls under another jurisdiction with different authority.
Can You Be Prosecuted for a Crime Committed in Another State?
Yes. A person can be charged in each state where part of the crime occurred, even if the offense started in one and ended in another. This is common with crimes like kidnapping, drug trafficking, or murder that crosses state lines. While this can feel like “being charged twice,” it does not constitute double jeopardy because each state enforces its own laws against crimes committed within its borders.
Conflicts with Sentencing
Sentencing conflicts could also arise if someone is facing similar charges in two states. In the Supreme Court case mentioned above, the defendant was later executed by the state of Alabama in 1992, although he first received a life sentence in Georgia. Because Georgia sentenced the defendant first, they had primary jurisdiction and sentencing priority. However, state officials ceded to Alabama so that the state’s sentence could be carried out.
If an individual is sentenced for the same crime in different jurisdictions, the punishments can either be carried out concurrently or consecutively at the discretion of the courts.
When to Contact The Abt Law Firm
If you are facing charges in two different states, you need a criminal defense attorney who not only knows the laws of multiple states, but what rights are available to you. Don’t get stuck facing more serious charges because you don’t have the right person fighting for you. Contact the team at The Abt Law Firm to get started with a free consultation.
