Legal Definitions - separate-sovereigns rule

The separate-sovereigns rule is a principle in criminal procedure that allows a person to be tried twice for the same offense, even though the Double Jeopardy Clause of the Constitution prohibits it. This can happen if the prosecutions are conducted by separate sovereigns, such as the federal government and a state government or by two different states.

For example, if a person is charged with a crime in a state court and is acquitted, the federal government can still bring charges against that person for the same crime. This is because the state and federal governments are considered separate sovereigns, and therefore, the Double Jeopardy Clause does not apply.

Another example is if a person commits a crime in one state and then flees to another state. The person can be tried for the same crime in both states because they are separate sovereigns.

These examples illustrate how the separate-sovereigns rule allows for multiple prosecutions for the same offense by different governments, as long as they are considered separate sovereigns.