Legal Definitions - dual-prosecution rule

The dual-prosecution rule is a legal principle that permits both the federal government and a state government to pursue separate criminal charges against the same individual for the same underlying conduct. This is allowed because, under the U.S. legal system, the federal government and each state government are considered distinct and independent sovereign entities, each possessing its own authority to create and enforce its laws. Therefore, an act that violates both federal law and state law can be prosecuted independently by each jurisdiction. This approach does not violate the constitutional protection against double jeopardy, which typically prevents a person from being tried twice for the same crime by the same government.

Here are some examples illustrating the dual-prosecution rule:

• Example 1: Bank Robbery and Assault

  Imagine a scenario where an individual robs a bank that is federally insured and, during the robbery, physically assaults a bank teller. The federal government could prosecute the individual for bank robbery, as robbing a federally insured institution is a federal crime. Simultaneously, the state government where the robbery occurred could prosecute the individual for assault and armed robbery, which are violations of state criminal law. Both prosecutions are permissible under the dual-prosecution rule because the federal government is enforcing its laws related to financial institutions, and the state government is enforcing its laws against violent crime and theft within its borders, acting as two separate sovereigns.

• Example 2: Interstate Drug Trafficking

  Consider a situation where a person is apprehended transporting a large quantity of illegal drugs across state lines with the intent to distribute them. The federal government could charge this individual with interstate drug trafficking, a serious federal offense under national drug laws. Concurrently, the state government where the drugs were seized, or where the distribution was intended to occur, could bring charges for possession with intent to distribute or drug dealing, which are violations of state drug laws. This demonstrates the dual-prosecution rule because both the federal and state governments have a legitimate interest in prosecuting drug-related offenses that fall under their respective jurisdictions.

• Example 3: Counterfeiting and Fraud

  Suppose an individual creates counterfeit currency and then uses that fake money to purchase goods from various local businesses within a specific state. The federal government has jurisdiction over counterfeiting U.S. currency, so it could prosecute the individual for the act of producing the fake money. Separately, the state government could prosecute the individual for fraud or theft by deception, as using counterfeit money to obtain goods from local businesses violates state laws against fraudulent transactions. Here, the federal government addresses the integrity of its currency, while the state government protects its citizens and businesses from fraud, showcasing the distinct interests of each sovereign.