In the 1903 U.S. Supreme Court case Beavers v. Henkel, George E. Beavers Jr., a former employee of the U.S. Post Office Department, was indicted in both New York and Georgia for alleged corruption while in office. He argued that being tried twice for the same offense violated his Fifth Amendment rights against double jeopardy (being prosecuted or punished twice for substantially the same crime). The court ruled against him stating that since he committed different acts of corruption at different times and places which constituted separate offenses under distinct federal laws, it did not amount to double jeopardy even though they were part of an ongoing corrupt practice on his part as a government official.

In the dissenting opinion for Beavers v. Henkel, Justice Harlan argued that the majority's decision violated a fundamental principle of American law: no person should be put in jeopardy twice for the same offense. He contended that if an individual is indicted and tried in one jurisdiction, they cannot be prosecuted again for the same crime in another jurisdiction. The majority's ruling allowed Beavers to face prosecution both federally and at state level which he believed was unconstitutional under double jeopardy clause of Fifth Amendment. Furthermore, he expressed concern over potential abuse by prosecutors who could use this power to harass defendants with multiple trials until obtaining a conviction.