Also known as: dual sovereignty doctrine · dual-sovereignty rule · dual sovereignty · separate sovereigns
Written by attorneys · grounded in primary & secondary sources — see below
A doctrine under which different sovereign entities may each prosecute the same conduct under their own laws without violating the Double Jeopardy Clause. Each state derives independent authority from its own people and constitution. The federal government likewise stands as a distinct sovereign from any state.
Dominic Drake manipulated natural gas prices through sham trades at a pipeline hub spanning States W and X. State W convicted him for market manipulation. State X then brought its own charges based on the same trades. Because each state acts as a separate sovereign, the second prosecution proceeds without violating double jeopardy.
Dorothy Daniels submitted falsified invoices to a federal agency for disaster supplies. Federal prosecutors secured a fraud conviction. The state then filed its own fraud charges resting on the identical invoices. Because the state and federal governments are distinct sovereigns, the state case may go forward.
Select any source to read its text and confirm it supports the definition.
Yes. Each state is treated as a separate sovereign that derives its authority from its own people and constitution. A conviction in one state therefore does not bar prosecution in another state for the same acts under that state's criminal laws.
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Yes. The state and federal governments are distinct sovereigns. Each may define and punish offenses under its own laws, so successive prosecutions by a state and the federal government do not violate double jeopardy.
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No. A state and its municipalities are not separate sovereigns. A defendant therefore may not be prosecuted by both a city and the state for the same offense arising from the same conduct.
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