# International applications of double jeopardy

**URL:** <https://boards.straightdope.com/t/international-applications-of-double-jeopardy/439049>\
**Category:** Factual Questions\
**Created:** [February 25, 2008, 6:23am UTC](https://boards.straightdope.com/t/international-applications-of-double-jeopardy/439049 "2008-02-25T06:23:21Z")\
**Posts on this page:** 2\
**Page:** 1

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**Author:** ![TokyoBayer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tokyobayer/32/13989_2.png) [@TokyoBayer](https://boards.straightdope.com/u/TokyoBayer)\
**Post date:** [February 25, 2008, 6:23am UTC](https://boards.straightdope.com/t/international-applications-of-double-jeopardy/439049/1 "2008-02-25T06:23:21Z")

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A Japanese business, Kazuyoshi Miura, [has been arrested](http://www.cbsnews.com/stories/2008/02/23/national/main3868822.shtml) for the 1981 murder of his wife in LA. He had been convicted in a Japanese court, but then won an appeal to the Tokyo High Court (of appeals). It did not get taken to the Supreme Court, and [he was freed](http://search.japantimes.co.jp/cgi-bin/nn19980701a1.html) after 13 years in prison for a separate count of assaulting his wife previous to the murder.

My question:

He was convicted in Japan of the murder in America, and then acquitted on appeal. He can’t be tried again in Japan, because of double jeopardy, but since the LAPD has had him arrested, obviously they believe they can try him in the States.

Does double jeopardy not apply to cases where defendants are tried for the same offence in different countries?

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**Author:** ![Santo\_Rugger](https://avatars.discourse-cdn.com/v4/letter/s/e95f7d/32.png) [@Santo\_Rugger](https://boards.straightdope.com/u/Santo_Rugger)\
**Post date:** [February 25, 2008, 6:33am UTC](https://boards.straightdope.com/t/international-applications-of-double-jeopardy/439049/2 "2008-02-25T06:33:04Z")

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> [@](#):
>
> The ‘separate sovereigns’ exception to double jeopardy arises from the unique nature of the American federal system, in which states are considered to be sovereigns with plenary power that have relinquished a number of enumerated powers to the federal government. Double jeopardy attaches only to prosecutions for the same criminal act by the same sovereign, but as separate sovereigns, both the federal and state governments can bring separate prosecutions for the same act. For example, Timothy McVeigh was executed by the federal government for murdering eight federal employees with a bomb, but could also have been tried in state court for murdering numerous other persons in the same explosion.

To get you started, from here: [Double jeopardy - Wikipedia](http://en.wikipedia.org/wiki/Double_jeopardy)