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Criminal Jurisdiction II

Learn about double jeopardy, defining Indian status and territory, and the use of tribal convictions as predicate offenses.


I. Double Jeopardy

The Double Jeopardy Clause of the Fifth Amendment of the United States Constitution holds that a person can’t be convicted twice for the same offense.

Imagine an Indian defendant was convicted of a crime in tribal court. Later, the federal government charged the defendant with the same crime. Would this violate the Double Jeopardy Clause? No, because an individual may be prosecuted by two separate sovereigns under an exception known as the separate-sovereigns doctrine or dual...