Bartkus v. Illinois

Bartkus v. Illinois
Bartkus v. Illinois
	Supreme Court of the United States
Argued November 19, 1957; Reargued October 21–22, 1958; Decided March 30, 1959
Full case name	Bartkus v. Illinois
Citations	359 U.S. 121 (more) 79 S. Ct. 676; 3 L. Ed. 2d 684; 1959 U.S. LEXIS 1824
Case history
Prior	Affirmed by an equally divided Court January 6, 1958, 355 U.S. 281. Rehearing granted, judgment vacated and case restored to calendar for reargument May 26, 1958, 356 U. S. 969.
Holding
	Coordination of federal officials with state officials did not implicate the double jeopardy Clause of the Fifth Amendment to the U.S. Constitution. It also held that a defendant may be acquitted of a federal crime and convicted of a state crime, even if those crimes share the same evidence, without violating the Due Process Clause of the Fourteenth Amendment.
Court membership
	Chief Justice Earl Warren Associate Justices Hugo Black · Felix Frankfurter; William O. Douglas · Tom C. Clark; John M. Harlan II · William J. Brennan Jr.; Charles E. Whittaker · Potter Stewart
Case opinions
Majority	Frankfurter, joined by Clark, Harlan, Whittaker, Stewart
Dissent	Black, joined by Warren, Douglas
Dissent	Brennan, joined by Warren, Douglas
Laws applied
	U.S. Const. amend. V

Bartkus v. Illinois, 359 U.S. 121 (1959), is a decision of the U.S. Supreme Court. The decision held that coordination of federal officials with state officials did not implicate the double jeopardy Clause of the Fifth Amendment to the U.S. Constitution. It also held that a defendant may be acquitted of a federal crime and convicted of a state crime, even if those crimes share the same evidence, without violating the Due Process Clause of the Fourteenth Amendment.

The case established the dual sovereign exception to the Double Jeopardy Clause, enabling state and federal prosecutions for substantially similar events.

External links

Text of Bartkus v. Illinois, 359 U.S. 121 (1959) is available from: Findlaw Google Scholar Justia Library of Congress

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