Felix Frankfurter

“ The judicial history of the Fifth Amendment in prohibiting any person from being 'subject for the same offence to be twice put in jeopardy of life or limb' serves as a good pragmatic confirmation of the compelling reasons why the original Bill of Rights was found to limit the actions of the Federal Government and not those of the States. ”

“ A State falls short of its obligation when it callously subjects an individual to successive retrials on a charge on which he has been acquitted or prevents a trial from proceeding to a termination in favor of the accused merely in order to allow a prosecutor who has been incompetent or casual or even ineffective to see if he cannot do better a second time. ”

“ In re Bradley, 318 U.S. 50, 63 S.Ct. 470, 87 L.Ed. 500; and Wade v. Hunter, 336 U.S. 684, 69 S.Ct. 834, 93 L.Ed. 974, indicate the subtle technical controversies to which the provision of the Fifth Amendment against double jeopardy has given rise. Implications have been found in that provision very different from the mood of fair dealing and justice which the Fourteenth Amendment exacts from a State in the prosecution of offenders. ”