Outside Publication

Dual Sovereignty, Due Process, and Duplicative Punishment: A New Solution to an Old Problem, Yale Law Journal, Vol. 124, No.  2

November 2014

The Double Jeopardy Clause prohibits the government from prosecuting or punishing a defendant multiple times for the same offense. Double jeopardy protections, however, come with a major exception. Under the dual sovereignty doctrine, different sovereign states can prosecute a defendant multiple times for the same offense. This Note argues that the due process protection from punishment without legislative authorization should prevent jurisdictions from imposing duplicative punishments. Specifically, I argue that when the interests of a sovereign state are partially vindicated, the sovereign should be able to impart only as much additional punishment as is necessary to fully vindicate its interests.

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