The Double Jeopardy Clause in the Fifth Amendment to the US Constitution prohibits anyone from being prosecuted twice for substantially the same crime. The relevant part of the Fifth Amendment states, "No person shall . . . be subject for the same offense to be twice put in jeopardy of life or limb . . . . "
Does the double jeopardy clause of the U.S. Constitution prohibit Puerto Rico from prosecuting defendants for the same crime they were convicted of in federal court?
Two defendants were charged in Puerto Rico court and federal court on the same set of facts and for largely the same crimes. See Luis M. Sanchez Valle v. The People of Puerto Rico, 2015 WL 1317010 (P.R. 2015), at 2a, 4a (pincited to linked document). Each defendant was convicted and sentenced in federal court first, and then moved to dismiss the pending state charges. The defendants argued that the double jeopardy clause of the Fifth Amendment to the U.S. Constitution prohibited Puerto Rico from prosecuting them for the same crimes they were convicted of in federal court. See id. at 2a–5a. The trial courts granted the defendants’ motions to dismiss, but the Puerto Rico Court of Appeals reversed. Relying on the dual sovereignty doctrine, the court held that Puerto Rico, an independent sovereign, could charge the defendants for crimes under the Puerto Rico Constitution. See id. However, the Puerto Rico Supreme Court reversed, deciding that Puerto Rico had no sovereign status, derived its power to prosecute from the U.S. Constitution, and thereby could not charge the defendants for the same crime. The Supreme Court will decide whether the Puerto Rico Supreme Court was right. See Brief for Petitioner, The Commonwealth of Puerto Rico at i. Puerto Rico argues that the island is a sovereign state, and that under the dual sovereignty doctrine, there are no double jeopardy concerns. See id. at 19, 22. However, Valle contends that the Puerto Rico has no sovereign status. See Brief of Respondents, Luis M. Sánchez Valle and Jaime Gómez Vásquez at 3. The Court’s decision will affect the balance of the federal system and the dignity of the people of Puerto Rico. See id. at 61.
Are the Commonwealth of Puerto Rico and the Federal Government separate sovereigns for purposes of the Double Jeopardy Clause of the United States Constitution?
On September 28, 2008, Luis M. Sanchez del Valle was charged with violating the Puerto Rico Weapons Act by selling ammunition and a firearm without a permit and illegally carrying a firearm. See Luis M. Sanchez Valle v. The People of Puerto Rico, 2015 WL 1317010 (P.R. 2015), at 2a (pincited to linked document). The charges were brought in Puerto Rico state court, the Court of First Instance.
