Does Constitution’s double jeopardy clause count for crimes on tribal land?

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The Supreme Court on Tuesday heard arguments in a case asking justices to test whether criminal charges can be brought against a defendant in federal court after they have already been prosecuted in a Court of Indian Offenses.

Justices considered an appeal from Merle Denezpi, a Navajo tribal member who was initially tried and convicted of domestic violence in a Court of Indian Offenses, also known as CFR courts, and subsequently in a federal district court. Denezpi challenged the second prosecution on double jeopardy grounds, arguing that the Fifth Amendment of the Constitution protects from being twice-prosecuted for the same offenses.

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