Fong Foo v. United States

Case Date: 07/22/1962

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.