"The defendant's counsel rely, principally, on the 5th article of the amendments to the constitution of the United States, which contains this provision: "Nor shall any person be subject for the same offence, to be twice put in jeopardy of life or limb." It has been urged by the prisoner's counsel, that this constitutional provision operates upon state courts proprio vigore. This has been denied on the other side. I do not consider it material whether this provision be considered as extending to the state tribunals or not; the principle is a sound and fundamental one of the common law, that no man shall be twice put in jeopardy of life or limb for the same offence. I am, however, inclined to the opinion, that the article in question does extend to all judicial tribunals in the United States, whether constituted by the Congress of the United States, or the states individually. The provision is general in its nature, and unrestricted in its terms; and the sixth article of the constitution declares, that that constitution shall be the supreme law of the land; and the judges in every state shall be bound thereby, any thing in the constitution or laws of any state to the contrary notwithstanding. These general and comprehensive expressions extend the provisions of the constitution of the United States to every article which is not confined, by the subject matter, to the national government, and is equally applicable to the states. Be this as it may, the principle is undeniable, that no person can be twice put in jeopardy of life or limb, for the same offence." CJ Spencer
Read a case.
523 posted on 01/18/2006 3:57:45 PM PST by jwalsh07
I do not consider it material whether this provision be considered as extending to the state tribunals or not; the principle is a sound and fundamental one of the common law, that no man shall be twice put in jeopardy of life or limb for the same offence.
What does double jeopardy have to do with federal jury requirements?