Why Is Double Jeopardy Important

Double Jeopardy
One of the most significant principles of constitutional, criminal and administrative law, which claims "no one can be punished twice for the same crime", applies in most countries. In America, this principle is known as protection against double jeopardy. However, it should be noted that in the United States it has its own features, than in European countries. Thus a detailed consideration of this principle is a necessity for the protection of a human rights and freedoms in the USA.
Double jeopardy clause is one of the most important principles that protect human rights. Despite the fact that double jeopardy clause protects person "against multiple punishments for the same offense, and second prosecution for the same offense after acquittal and after conviction" (Adler), in the United States of America parallel prosecution of crimes at the federal and
state level that arise from a single criminal act is existing nowadays. The parallel prosecution of crimes at the federal and state level is permitted by the doctrine of dual sovereignty (Adler). This doctrine is based on the idea that if an act is recognized as a crime by both federal and state sovereigns and it encroaches the peace and dignity of both - a criminal could be punished according to the laws of each of them (Colangelo).
Moreover federal prosecutors have the right to prosecute a person for the same acts for which he was already convicted by the state court, and state prosecutors have the same right as well.
However, if the criminal case has already been examined in the state court, the federal government enforcement policy is that prosecution for the same crime will take place only in case it has an urgent federal interest. Rodney King trial is a good example of this point. At first, police officers were tried in a California state court for assaulting a black man, however, they were acquitted. Then the federal prosecutors prosecute them to criminal liability and brought to trial under federal laws for violation of civil rights. Since the number of criminal acts controlled by federal laws increases with time, it can be assumed that the number of cases of the application of the doctrine of two sovereigns will gradually arise. Also, due to the same doctrine of two sovereigns, the prosecution authorities of two different states have the right to prosecute a person to criminal liability for the same act committed by
him.
Nevertheless, it should be pointed that in the US the parallel prosecution violates the original double jeopardy principle and international laws. Even in some cases according to the international laws the doctrine of dual sovereignty violates the rule against double jeopardy. That is because in Europe there are no dual sovereignty principle and only the principle of "non bis in idem" as double jeopardy clause in US is applying. However, it should be noted that the US legal system has own futures that cannot be compared with international. While the principle of "non bis in idem" is one of the most significant legal principles that protect human rights, in the United States of America it is called double jeopardy clause and has its own features. It should be noted that in America double jeopardy clause is also connected with the doctrine of dual sovereignty. As it was pointed out, the US the parallel prosecution violates the international laws, however American legal system is unique and that cannon be compared with European. Thus a detailed consideration of this principle is a necessity for the protection of a human rights and freedoms in the USA.