''Fong Foo v. United States'', 369 U.S. 141 (1962), was a Supreme Court ruling that upheld the protection from

double jeopardy In jurisprudence, double jeopardy is a procedural defence (primarily in common law jurisdictions) that prevents an accused person from being tried again on the same (or similar) charges following an acquittal or conviction and in rare case ...

by the federal government. While the protection from double jeopardy did not get incorporated to apply to the state governments until 1969 (see ''

Benton v. Maryland ''Benton v. Maryland'', 395 U.S. 784 (1969), is a Supreme Court of the United States decision concerning double jeopardy. ''Benton'' ruled that the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution, Fifth Amendment In ...

''), the Supreme Court ruled that the

Fifth Amendment to the United States Constitution The Fifth Amendment (Amendment V) to the United States Constitution addresses criminal procedure and other aspects of the Constitution. It was ratified, along with nine other articles, in 1791 as part of the Bill of Rights. The Fifth Amend ...

prevented the Federal Government from bringing a defendant to trial twice for the same charge. In this case, the court ruled that despite the error of the District Judge, the 5th Amendment protected the defendants from facing a second trial for the same charge.

Background of the case

The defendants (a corporation and two of its employees) were brought to trial under an indictment for conspiracy and other subsequent charges. The trial was in a Federal District Court that had jurisdiction over them and over the subject matter. The District Judge, after hearing part, but not all, of the government's evidence, ordered the jury to acquit the defendants, which the jury did. The judge's action was based on supposed improper conduct of the

United States District Attorney United States attorneys are officials of the U.S. Department of Justice who serve as the chief federal law enforcement officers in each of the 94 U.S. federal judicial districts. Each U.S. attorney serves as the United States' chief federal c ...

and the supposed lack of credibility of the prosecution's witnesses. The government filed for a

writ of mandamus (; ) is a judicial remedy in the form of an order from a court to any government, subordinate court, corporation, or public authority, to do (or forbear from doing) some specific act which that body is obliged under law to do (or refrain fro ...

to the

Court of Appeals A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...

. The Court of Appeals granted the petition and held that the defendants could be retried, based on its opinion that the District Judge did not have the power to direct the judgment of the jury, in this case. The case was then brought before the Supreme Court

Ruling of the Supreme Court

In its opinion, delivered

per curiam In law, a ''per curiam'' decision (or opinion) is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least, a majority of the court) acting collectively (and typically, though not ...

, the Supreme Court reversed the judgment of the Court of Appeals on the grounds that its decision violated the Fifth Amendment. The Supreme Court focused on the section of the Amendment that reads "nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb". The Court explained that the trial had not terminated before the entry of a judgment, but with a final judgment acquitting the defendants. The Supreme Court recognized the error of the District Judge but ruled that the verdict was final and could not be reviewed without violating rights guaranteed by the 5th Amendment of the Constitution.

External links

* {{Fifth Amendment crimpro, jeopardy, state=expanded United States Supreme Court cases United States Double Jeopardy Clause case law 1962 in United States case law United States Supreme Court cases of the Warren Court

Background of the case

Ruling of the Supreme Court

See also

External links