Speakeasy Ideas

Speakeasy Ideas


The Law episode 45: Gamble v. United States

August 08, 2019

Everyone knows that the Double Jeopardy Clause of the Fifth Amendment means you can not be criminally tried for the same thing twice, right? Well, you actually can.

The “Dual Sovereign Doctrine” allows for a state court AND a federal court to punish you for the exact same thing. That’s what happened to Terance Gamble, who was convicted of being a felon in possession of a firearm in Alabama state court where he was sentenced to one year of incarceration. Then, because the federal government does not have enough to do, he was charged for the same thing in federal court where he received a 46 month sentence.