Dual-Prosecution Rule Law and Legal Definition

Dual-prosecution refers to a legal principle requiring both federal and state government to prosecute a defendant for the same offense. This rule is applied because both governments are separate and distinct entities. Dual-prosecution rule is an exception to the double jeopardy clause. Double jeopardy forbids a defendant from being tried twice for the same crime on the same set of facts. The double jeopardy clause does not bar dual prosecutions in state and federal courts, even where the offenses are identical. [Tezak v. United States, 256 F.3d 702 (7th Cir. Ill. 2001). However, dual-prosecution rule is seldom applied in rare circumstances.