The Fifth Amendment says no person will "be subject for the same offence to be twice put in jeopardy of life or limb."
However, under the Court's longstanding "dual-sovereignty" doctrine, an offense is not "the same" when it is criminalized by two different governments.
This doctrine allows serial state and federal prosecutions of the same crime, opening the door to double punishment or a second trial after an acquittal.
In 2017, Denezpi and a woman identified as V.Y. traveled to Towaoc, Colorado, a town within the Ute Mountain Ute Reservation, to visit his girlfriend.
During the trip, Venezpi sexually assaulted her while he maintained that the encounter was consensual
After being charged with three crimes, he pleaded no contest to assault and battery, which is defined by tribal law but also punishable under the Code of Federal Regulations by up to six months in jail
A Court of Indian Offenses sentenced him to time served: 140 days
Six justices nevertheless approved the second prosecution, tracing the authority for the first conviction to a distinct "sovereign": the Ute Mountain Ute Tribe.
Although the two convictions involved the same defendant, the same crime, and the same prosecuting authority, Gorsuch observes, the Court implausibly concluded that "the Double Jeopardy Clause has nothing to say about this case."
Such reasoning amplifies the danger that Gorsuch decried in 2019, inviting the government to "try the same individual for the exact crime until it's happy with the result."
https://reason.com/2022/06/22/scotus-again-upholds-double-prosecution-and-punishment-for-the-same-crime/
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