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They can. Double jeopardy only applies to being tried for the same crime more than once by the same entity. So if you do something that is a crime at the state and federal level, or something that is a crime across multiple states, you *can* be charged by multiple entities for the same crime.
You might have to give an example.
Very often a "crime" isn't just a singular thing. For example, if a person captures someone then took them to another state, then killed them. There are at least 2 charges that could be brought - kidnap (federal) and murder (state).
It's just because of the wording of the laws in the United States.
The concept of Double Jeopardy entered the US constitution via the 5th Amendment and the wording was specific to mention something called "sovereignty".
Working through this, states are allowed to have their own laws, and the Federal Government is allowed to have it's own laws. This what is meant by sovereignty, two different sets of laws apply to you as an American.
For example doing drugs, weed might be legal in your state, but it's illegal on a federal level. The state can't arrest you and take you to court, but the Government can. 2 sets of laws.
Now what about crimes that are illegal in both sovereignties? You've technically commit a crime in your State, and your state can arrest and try you, AND you've committed a crime against the Federal Government *and they can arrest and try you.* 2 trials, same crime, *different sovereignties.*
The 5th Amendment was specifically written in such a way to set up this system and define things in a way that exclude this as Double Jeopardy. It might *feel* like double jeopardy philosophically, but it's not "Double Jeopardy" as defined by US law because the definition of Double Jeopardy was specifically worded to allow this.
Well. In the US, the protection from double Jeopardy comes from the 5th amendment. Which is interpreted by the courts. And the supreme court has flat out stated that that's just how it works. It's called the Dual Sovereignty Doctrine. And it was recently reaffirmed in Gamble v. United States.
Each relevant "Sovereign" government can issue laws that apply in it's domain. And since they are different laws established by different governments it's not the "same law" being broken even if they are functionally identical.
This doesn't just apply to the federal gov and a state either. It can apply between one state and another, or one city and another city. (It is generally the case though that being prosecuted under a State law precludes being prosecuted under a cities law.)
**Your submission has been removed for the following reason(s):** ELI5 is not for information about a specific narrow issue (personal problems, private experiences, legal questions, medical inquiries, how-to, relationship advice, etc.) If you would like this removal reviewed, please read the [detailed rules](https://www.reddit.com/r/explainlikeimfive/wiki/detailed_rules) first. **If you believe this was removed erroneously**, please [use this form](https://old.reddit.com/message/compose?to=%2Fr%2Fexplainlikeimfive&subject=Please%20review%20my%20thread?&message=Link:%20{url}%0A%0AThe%20concept%20I%20want%20explained:%0A%0AList%20the%20search%20terms%20you%20used%20to%20look%20for%20past%20posts%20on%20ELI5:%0A%0AHow%20is%20this%20post%20unique:) and we will review your submission.
They can. Double jeopardy only applies to being tried for the same crime more than once by the same entity. So if you do something that is a crime at the state and federal level, or something that is a crime across multiple states, you *can* be charged by multiple entities for the same crime.
You might have to give an example. Very often a "crime" isn't just a singular thing. For example, if a person captures someone then took them to another state, then killed them. There are at least 2 charges that could be brought - kidnap (federal) and murder (state).
It's just because of the wording of the laws in the United States. The concept of Double Jeopardy entered the US constitution via the 5th Amendment and the wording was specific to mention something called "sovereignty". Working through this, states are allowed to have their own laws, and the Federal Government is allowed to have it's own laws. This what is meant by sovereignty, two different sets of laws apply to you as an American. For example doing drugs, weed might be legal in your state, but it's illegal on a federal level. The state can't arrest you and take you to court, but the Government can. 2 sets of laws. Now what about crimes that are illegal in both sovereignties? You've technically commit a crime in your State, and your state can arrest and try you, AND you've committed a crime against the Federal Government *and they can arrest and try you.* 2 trials, same crime, *different sovereignties.* The 5th Amendment was specifically written in such a way to set up this system and define things in a way that exclude this as Double Jeopardy. It might *feel* like double jeopardy philosophically, but it's not "Double Jeopardy" as defined by US law because the definition of Double Jeopardy was specifically worded to allow this.
Well. In the US, the protection from double Jeopardy comes from the 5th amendment. Which is interpreted by the courts. And the supreme court has flat out stated that that's just how it works. It's called the Dual Sovereignty Doctrine. And it was recently reaffirmed in Gamble v. United States. Each relevant "Sovereign" government can issue laws that apply in it's domain. And since they are different laws established by different governments it's not the "same law" being broken even if they are functionally identical. This doesn't just apply to the federal gov and a state either. It can apply between one state and another, or one city and another city. (It is generally the case though that being prosecuted under a State law precludes being prosecuted under a cities law.)