Some criminal acts could be state, federal, or both. The double jeopardy clause in the Fifth Amendment precludes the same state or federal court from trying the defendant twice for the same crime.

All state constitutions drafted prior to the Bill of Rights contained a double jeopardy provision. The principle was so universal that when James Madison proposed on the floor of the First ...

In United States v. Aiello, the Second Circuit (Raggi, Chin, Sullivan) remanded the cases of Steven Aiello, Joseph Gerardi, Louis Ciminelli, and ...