Final answer:
The ban on double jeopardy under the Fifth Amendment does apply to states but does not preclude federal prosecution for the same act. This is due to the separate sovereigns doctrine, which allows for distinct prosecutions at federal and state levels.
Step-by-step explanation:
Does the Fifth Amendment Ban on Double Jeopardy Apply to States?
Under the Fifth Amendment, the ban on double jeopardy protects individuals from being prosecuted twice for the same criminal act. However, this protection is peculiar in that it only applies within the same jurisdiction. Thus, a person acquitted of a crime at a state level could still face federal prosecution for the same conduct if it also violates federal law. This is because the federal government and states are considered separate sovereigns. Additionally, the Fifth Amendment does not prevent someone from being sued in a civil court for the same conduct they were tried for criminally, nor does it prevent a federal trial after a state trial or vice versa.
For instance, the police officers involved in the Rodney King incident were acquitted in state court but were later convicted in federal court for civil rights violations, demonstrating the separate sovereigns concept. Therefore, the Fifth Amendment ban on double jeopardy does apply to states, but not exclusively, allowing room for federal prosecution as well.