Lanza, United States v. 260 U.S. 377 (1922)

Author:David Gordon
Pages:1562

Page 1562

There is no DOUBLE JEOPARDY when both state and federal governments outlaw an offense and each prosecutes an individual for the same act. The United States indicted Lanza for violating the VOLSTEAD ACT after the state of Washington had already prosecuted him under a state statute enforcing PROHIBITION. A unanimous Supreme Court, dismissing Lanza's double jeopardy claim, declared that the double jeopardy forbidden by the Fifth Amendment was a second trial for the same offense in the same JURISDICTION. The Court concluded: "It follows that an act denounced as a crime by both national and state sovereignties is an offense against the peace and dignity of both, and may...

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