CHANNILLO
Justification for the separate-sovereigns doctrine centers on the word “offence”: An “offence,” the argument runs, is the violation of a sovereign's law, the United States and each State are separate sovereigns, ergo suc- cessive state and federal prosecutions do not place a defendant in "jeopardy... for the same offence." Ante, at 1963, 1964-1965 (internal quotation marks omitted).
This “compact syllogism” is fatally flawed. See Braun, Praying to False Sov-ereigns: The Rule Permitting Successive Prosecutions in the Age of Cooperative Fed-eralism, 20 Am. J. Crim. L. 1, 25 (1992). The United States and its constituent States, unlike foreign nations, are “kindred sys-tems,” “parts of ONE WHOLE.” The Fed-eralist No.">
Chapter Thirty-One: Double Jeopardy (2)
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Justification for the separate-sovereigns doctrine centers on the word “offence”: An “offence,” the argument runs, is the violation of a sovereign's law, the United States and each State are separate sovereigns, ergo suc- cessive state and federal prosecutions do not place a defendant in "jeopardy... for the same offence." Ante, at 1963, 1964-1965 (internal quotation marks omitted).
This “compact syllogism” is fatally flawed. See Braun, Praying to False Sov-ereigns: The Rule Permitting Successive Prosecutions in the Age of Cooperative Fed-eralism, 20 Am. J. Crim. L. 1, 25 (1992). The United States and its constituent States, unlike foreign nations, are “kindred sys-tems,” “parts of ONE WHOLE.” The Fed-eralist No....
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