(DOWNLOAD) "From Formal Separation to Functional Equivalence: Tribal-Federal Dual Sovereignty and the Sixth Amendment Right to Counsel." by South Dakota Law Review # eBook PDF Kindle ePub Free
eBook details
- Title: From Formal Separation to Functional Equivalence: Tribal-Federal Dual Sovereignty and the Sixth Amendment Right to Counsel.
- Author : South Dakota Law Review
- Release Date : January 22, 2009
- Genre: Education,Books,Professional & Technical,
- Pages : * pages
- Size : 345 KB
Description
I. INTRODUCTION The Fifth Amendment's double jeopardy clause prohibits successive prosecutions of a defendant for the same offense. (1) Under the dual sovereignty doctrine, separate sovereigns may independently pursue prosecutions of what otherwise would be the same offense. (2) The dual sovereignty doctrine rests on the principle that an act criminalized by separate sovereigns may be punished by each. (3) Thus, the dual sovereignty doctrine, as a fundamental precept of federalism, maintains separation between the states and the federal government. (4) The doctrine, however, does more than merely advance the values of federalism: it recognizes individual states, Indian tribes, and the federal government as separate and distinct sovereigns. (5) Accordingly, it speaks to the problematic issue of how tribal sovereigns fit within the original structure of the Constitution and helps flesh out the government-to-government relations among the three sovereigns. (6)
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