• Last updated on November 11, 2022

The Supreme Court, in allowing a bootlegger to be tried in both state and federal court, restricted the protection against double jeopardy.

The Supreme Court unanimously upheld the second indictment of a bootlegger who was tried first in state court for violating the Washington state prohibition law and then charged in federal court for violating the 1919 Volstead ActVolstead Act, using the same evidence. A federal district court blocked trial on the federal charges, but the Supreme Court overturned its decision, arguing that the two levels acted independently of each other. Although Lanza remains valid law, this practice has been criticized as the kind of double jeopardy presumably prohibited by the Fifth Amendment.Double jeopardy;Lanza, United States v.[Lanza, United States v.]

Benton v. Maryland

Double jeopardy

Eighteenth Amendment

Palko v. Connecticut

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