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''Heath v. Alabama'', 474 U.S. 82 (1985), is a case in which the United States Supreme Court ruled that, because of the doctrine of "dual sovereignty" (the concept that the United States and each state possess sovereignty – a consequence of federalism), the double jeopardy clause of the Fifth Amendment to the Constitution does not prohibit one state from prosecuting and punishing somebody for an act of which he had already been convicted of and sentenced for in another state. This decision is one of several that holds that the Fifth Amendment does ''not'' forbid the U.S. federal government and a state government, or the governments of more than one state, from prosecuting the same individual separately for the same illegal act. == Background == The Fifth Amendment to the Constitution of the United States says: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.〔(U.S. Const. amend. V ).〕 The clause "nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb" means that the government cannot re-prosecute somebody for a crime of which he or she has been found "not guilty"; likewise, the government cannot appeal against a verdict of acquittal.〔''Fong Foo v. United States'', 369 U.S. 141 (1962); ''see also United States v. Martin Linen Supply Co.'', 430 U.S. 464 (1977).〕 However, the first ten (amendments to the Constitution ), known as the (Bill of Rights ), were originally interpreted as binding only on the Federal government; for example, the First Amendment, which guarantees freedom of religion, expressly begins with the words, "Congress shall make no law . . . ." It was not until the passage of the (Fourteenth Amendment ), the first section of which says, in part, "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws" that any serious consideration was given to the proposition that the Bill of Rights is binding on the states.〔''Cf. Twining v. New Jersey'', 211 U.S. 78 (1908).〕 Since then, the decisions of the United States Supreme Court have gradually evolved so as to include most state actions within the scope of the Bill of Rights.〔''See, e.g. Washington v. Texas'', 388 U.S. 14, 18 (1967); ''Malloy v. Hogan'', 378 U.S. 1 (1964); ''Stromberg v. California'', 283 U.S. 359, 368 (1931).〕 In ''Benton v. Maryland'', 395 U.S. 784 (1969), the Supreme Court held that the Fifth Amendment prohibition against double jeopardy applies to the states. Nevertheless, each U.S. state has long been considered to have its own sovereignty, which it shares with the U.S. federal government;〔''See'' (U.S. Const. amend. X )〕 thus, the question of whether ''more than one'' state can punish the same individual for the same set of actions was left open. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Heath v. Alabama」の詳細全文を読む スポンサード リンク
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