Adam J. Adler

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Dual Sovereignty, Due Process, and Duplicative Punishment: A New Solution to an Old Problem

The DoubleJeopardy Clause prohibits the government from prosecuting or punishing adefendant 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 thesame offense. This Note argues that the due process protection from punishment without legislative authorization should prevent jurisdictions from...