When Does Double Prosecution Count as Double Jeopardy? (CRS Report for Congress)
| Release Date |
Revised Aug. 16, 2018 |
| Report Number |
LSB10188 |
| Report Type |
Legal Sidebar |
| Authors |
JD S. Hsin |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
After a broken headlight led to the discovery of a loaded handgun in Terance Martez Gambleâs
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 again--only 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 Gamble's right
under the Fifth Amendment's 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.
