The case of the bare knuckled Indian, the crime he committed and jail time he could serve twice for the same crime.

Americans are free from double jeopardy, according to U.S. Constitution's 5th amendment (the Government may not "subject" any person "for the same offense to be twice put in jeopardy of life or limb") Once determination of innocence is decided and a verdict delivered, the law cannot convict you again for the same crime. Sounds simple right?

Wrong, take Billy, living in North Dakota with his wife and children, a guilty man by his own admission, a man that caused trouble only to find himself on trial. Billy's bad behavior resulted in the bare knuckle busting of another man's chops.

Unfortunately for Billy, he didn't keep his cool and busted the chops of a Federal Agent only to find himself on trial for assaulting a policeman in North Dakota. Billy's guilty plea earned him 90 days in jail to cool down.

After Billy was convicted news soon arrived that his bare-knuckle dilemma was not over. Federal Agents proceeded to charge Billy with assaulting a Federal Officer, a Federal offence. Billy certainly did not want to serve additional time for the same crime and quickly objected as anyone would. Billy's objections took him on a winding path through the justice system where at every stop he appealed at the bench for help.

Billy claimed that he too was free from Double Jeopardy and could not be tried for the same crime. A reasonable thought since he was, after all, an American. Others agreed with Billy as he appealed his case all the way to the Supreme Court. (Hence, the headline Supreme Double Jeopardy!)

The Supreme Court, according to their own guidelines, only hears cases of significant legal issues that are deemed immensely important. Getting the chance to be heard is a slim prospect. However, Billy's case was considered as such and was subsequently granted a hearing.

Billy lost his case and here is why:

Billy, an American Indian is a member of an Indian tribe. The tribe is an independent separate sovereign. The reservation legal system, not being part of the American legal system, is free to apprehend, judge, and convict persons that commit crimes on the reservation. The reservation legal system can, and does, make use of Federal agents to help enforce tribal laws where applicable. Due to previous cases, treaties, and other conditions a "dual sovereignty" situation exists where determination of "inheritance of powers" is the key factor. Powers, if inherited, implies that the Double Jeopardy clause applies and Billy is indeed correct. However, the court determined that the tribe exercised its own, non-inherited / non-delegated authority. Therefore, "dual sovereignty" applies and Billy loses his case.

So, can this happen to you? We don't think so! Unless you are on a reservation and congress has changed the governmental laws regarding reservations.

About this Story:

April 19, 2004: Case heard before Supreme Court justices Docket Number 03-107

I don't know if Billy was convicted a second time or if the assault he made was a bare-knuckle assault to the chops. However this was my impression after researching the details.