[20180816]LSB10188_双重起诉何时算作双重危险？ .pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebar When Does Double Prosecution Count as Double Jeopardy? August 16, 2018 After a broken headlight led to the discovery of a loaded handgun in Terance Martez Gambles car, he found himself in a familiar spot: pleading guilty to a felony in Alabama court, this time for having a firearm despite a prior robbery conviction. A few months later, however, Gamble would find himself pleading to having that handgun all over againonly now in federal court, for a substantively overlapping federal charge. On June 28, 2018, following a failed bid by Gamble to have that second conviction overturned in the federal court of appeals, the U.S. Supreme Court agreed to consider whether that federal prosecution violated Gambles right under the Fifth Amendments Double Jeopardy Clause not to be put in jeopardy twice for the same crime. And, with Gamble v. United States, the Court may well rule that it did, despite long having said just the opposite. Gambles case challenges what, until his appeal, seemed like a firmly settled point of constitutional law. Although the Double Jeopardy Clause provides that no person shall