Tuesday, June 18, 2019

Will this Marine be punished twice?

Associate Justice
Neil Gorsuch
Yesterday the Supreme Court ruled (7-2) in Gamble v. United States that the longstanding dual sovereignty doctrine remains good law and that there can be both state and federal prosecutions for the same offense, notwithstanding the double jeopardy clause. (Read the opinions -- totally fascinating. Justice Neil Gorsuch's dissent is well done and shows common sense.)

And the Marine Corps announced it was pondering whether to institute military justice proceedings against one of its own who received a suspended jail sentence in state court in an assault case. Honk if you think it will do so.

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