La doctrina de la soberanía dual en la jurisprudencia de la Corte Suprema de Estados Unidos
Year: 2020
Type: article
Abstract: Under the dual sovereignty doctrine the Supreme Court has accepted that different sovereigns may prosecute an individual for the same facts without violating the double jeopardy clause if the act of the individual infringed the laws of each sovereignty. This article aims to analyze the evolution of the dual sovereignty doctrine in the case law of the Supreme Court of the United States. Although the doctrine has been highly criticized by scholars, the Supreme Court has persistently upheld it. . Besides, the article addresses the safeguards that currently exist against eventual abuses of the dual sovereignty doctrine, such as the “sham exception” and the “Petite Policy”. Finally, since the previous safeguards have been considered insufficient, the contribution briefly explores the possibility of applying the Eighth Amendment as an additional protection against eventual abuses committed under the dual sovereignty doctrine.
Author: Javier Escobar Veas
Institution: Bocconi University
Language: Spanish
Topic: Criminal Law and Evidence
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W3096864774