Fong Foo v. United States
Encyclopedia
Fong Foo v. United States, , was a Supreme Court
ruling that upheld the protection from Double Jeopardy
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
), the Supreme Court ruled that the Fifth Amendment to the United States Constitution
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.
. 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
. 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.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
ruling that upheld the protection from Double Jeopardy
Double jeopardy
Double jeopardy is a procedural defense that forbids a defendant from being tried again on the same, or similar charges following a legitimate acquittal or conviction...
by the federal government
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
. 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
Benton v. Maryland, , is a Supreme Court of the United States decision concerning double jeopardy. Benton ruled that the Double Jeopardy Clause of the Fifth Amendment does apply to the states. In doing so, Benton expressly overruled Palko v. Connecticut, .-Facts of the case:John Dalmer Benton was...
), the Supreme Court ruled that the Fifth Amendment to the United States Constitution
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
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
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
, 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 and the supposed lack of credibility of the prosecution's witnesses. The government filed for a writ of mandamus to the Court of AppealsCourt of Appeals
A court of appeals is an appellate court generally.Court of Appeals may refer to:*Military Court of Appeals *Corte d'Assise d'Appello *Philippine Court of Appeals*High Court of Appeals of Turkey*United States courts of appeals...
. 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, the Supreme Court reversed the judgment of the Court of Appeals on the grounds that its decision violated the Fifth AmendmentFifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
. 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.
See also
- List of United States Supreme Court cases, volume 369
- Transcript of Fong Foo v. United States. 369 U.S. 141 (1962)http://scholar.google.com/scholar_case?case=15571298060437596900&hl=en&as_sdt=2&as_vis=1&oi=scholarr