NCJ Number
5393
Journal
JOURNAL OF CRIMINAL LAW, CRIMINOLOGY AND POLICE SCIENCE Volume: 62 Issue: 1 Dated: (MARCH 1971) Pages: 29-39
Date Published
1971
Length
11 pages
Annotation
CRITICAL EXAMINATION OF THE DOCTRINE THAT THE DUAL SOVEREIGNTY OF STATE AND FEDERAL GOVERNMENTS PERMITS PROSECUTION IN BOTH COURTS FOR THE SAME OFFENSE.
Abstract
THE DOCTRINE WAS CREATED OUT OF CONCERN FOR THE FEDERAL SYSTEM BEFORE THE CIVIL WAR, THIS CONCERN PERMEATES EVEN RECENT SUPREME COURT DECISIONS MODIFYING THE DOCTRINE. ONLY ONE STATE COURT HAS CHALLENGED THE THESIS, ON THE GROUND THAT STATE AND FEDERAL GOVERNMENTS DO NOT USE FORMER JEOPARDY TO SUBVERT THE OTHER'S LAW ENFORCEMENT. OVERRULING BARTKUS WILL NOT HAVE A DRASTIC EFFECT IN LIGHT OF STATE STATUTES AND FEDERAL POLICY. JUDICIAL AND LEGISLATIVE ALTERNATIVES TO OVERRULING ARE DISCUSSED. GREATER CONCERN FOR INDIVIDUAL RIGHTS IS NECESSARY IN THIS AREA.