Myths Of The Criminal Justice System: Part 1
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Myth 1: You Can’t Be Tried More Than Once For The Same Crime
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Finally, there is the “separate sovereigns” exception to double jeopardy. This allows a defendant to be tried, convicted and sentenced for the same crime in both state and federal court. The most well-known example of the separate sovereigns exception is when the Los Angeles police officers who beat Rodney King were acquitted in state court, then convicted in federal court of violating King’s civil rights.

But it’s becoming more common in high-profile cases, where both state and federal prosecutors want a chance at a career-making conviction. Michael Vick, for example, was twice convicted on charges related to his dogfighting operation, once under Virginia law and once under federal law. (He was also indicted on various dogfighting-related crimes and conspiracy to commit those crimes.) As the federal criminal code continues to grow, it seems likely we’ll see more examples of defendants who are tried twice for the same crime, particularly in cases involving celebrities and politicians.