Does double jeopardy apply when tried by different sovereigns?

• A. Yes, always
• B. No
• C. Only if the offenses are identical
• D. Depends on jurisdiction

Answer: (B)

The key idea is that double jeopardy operates differently for different governments because of the dual sovereignty doctrine. The Double Jeopardy Clause stops a person from being prosecuted twice for the same offense by the same government. But separate governments—such as a state and the federal government—are considered distinct sovereigns. Because of that, each sovereign can prosecute the same conduct without violating double jeopardy.

So, when a person is tried by different sovereigns, the second prosecution isn’t barred simply by the first conviction or acquittal. This is true in Kentucky as well as the federal system: the state could prosecute for a violation of state law, and the federal government could prosecute the same conduct under federal law, and both prosecutions can proceed.

The other options don’t fit because the protection isn’t about identical offenses or about jurisdictional quirks in general. The rule is: different sovereigns can proceed separately, even if the acts amount to the same underlying conduct.