Fong Foo v. United States

Background

A corporation and two of its employees were tried on federal charges of conspiracy and concealing material facts under federal law. After seven days of trial and while the Government was still presenting witnesses, the district judge ordered the jury to return verdicts of acquittal and a formal judgment of acquittal was entered. The Government asked the Court of Appeals to vacate that acquittal and require a new trial, and the Court of Appeals granted that request.

Reasoning

The Supreme Court considered whether the Court of Appeals could set aside the district court’s final judgment of acquittal and order a new trial. The Court concluded that a final acquittal ends the defendants’ jeopardy and cannot be reviewed or overturned without putting them twice in jeopardy, which the Fifth Amendment forbids. The Court noted that earlier cases the Court of Appeals relied on did not address the Double Jeopardy protection and therefore did not justify reopening a final acquittal, and the Court reversed the Court of Appeals’ decision.

Real world impact

The decision means that when a trial ends with a final judgment of acquittal, the Government cannot force a new trial even if the acquittal seems based on error or improper conduct by officials. Defendants who receive final acquittals gain final protection from retrial for the same charge. The ruling enforces the constitutional bar against being tried twice for the same offense.

Dissents or concurrances

A concurring Justice suggested retrial might be allowed if the acquittal rested solely on prosecutorial misconduct, while a dissent argued the acquittal was a nullity and retrial should be allowed.