Fong Foo v. United States
| Fong Foo v. United States | |
|---|---|
| Argued January 16, 1962 Decided March 19, 1962 | |
| Full case name | Fong Foo, et al. v. United States |
| Citations | 369 U.S. 141 (more) 82 S. Ct. 671; 7 L. Ed. 2d 629 |
| Holding | |
| The Fifth Amendment's protection against double jeopardy still protects a defendant even if the conduct of the defendant's trial was improper. | |
| Court membership | |
| |
| Case opinions | |
| Per curiam | |
| Concurrence | Harlan |
| Dissent | Clark |
| Whittaker took no part in the consideration or decision of the case. | |
English Wikisource has original text related to this article:
Fong Foo v. United States, 369 U.S. 141 (1962), 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.