The Supreme Court agreed to consider whether the Constitution’s ban on double jeopardy bars the prosecution of a defendant in federal district court after he has been convicted in a Court of Indian Offenses. The case is Denezpi v. U.S., court file 20-7622. Merle Denezpi first received a prison term of less than 5 months, but later was given a 360-month sentence for the same criminal act. The unsigned order dated Oct. 18 did not provide reasons for the decision, consistent with Supreme Court customs. Courts of Indian Offenses are courts created by the U.S. Bureau of Indian Affairs (BIA), which is part of the U.S. Department of the Interior, to administer criminal justice for those tribes that lack their own criminal courts. The Double Jeopardy Clause in the Constitution forbids subsequent prosecutions in federal district court arising from the same set of facts. But under the dual-sovereignty doctrine, which …
Supreme Court to Hear Challenge to Double Jeopardy Rule From Indian Country in Colorado
October 20, 2021
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