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0-19 (Rev, 7-1-58) Abbate .c ase could prevent Double Jéopar = ; i 7 . against double is and, jeop of. ‘Twho 7 charged with having helped, rob a federally insured sav- ings and loan association ing Chicago, He was tried and! aequitted in Federal court. under a law making it a Fed- eral offense to rob a Fed- erally-insured bank, Federal agents turned their evidence over to Illinois prosecutors and he was then tried, con- victed and sentenced to life in prison by a state court for the same act. The other case involved two men—Louls J. Abbate and Michael J. Falcone;-who admittedly conspired to blow up telephone installations which included some circuits leased and controlled by the Federal Government. They pleaded guilty in a state court for conspiring to de- stroy private property and | received 90-day sentences. f The Federal Government apparently felt this wasn't tough enough. It yetried them \ in Federal court for the same -act'and won conviction. The \men then received stiffer e-1- nees under a law making it a Federal crime to conspire to destroy communication fa- _ cilities controlled by the Gov- ernment. Prosecutions by cone, predicted many would follow if the procedure is allowed. ve The Court is sharply di vided on the questions raised. Tt heard the Bartkus case dast year, split € to 4 with Justice William J. Brennan . t ki nd Meret Prenat , 58 Nis m aev Fights. If a ch. lation, it might state to try him for a minor Dffense, either acquit him or ie both gov- | fernments for the same act are tare, But Charlies A, Bellows, | attorney for Abbate and Fal-— and Federai law enforcement in fields, including civil herner were arged with elvll rights vie r @ nominal sentence prevent Federal rb person shall “for the safhe offense be twice placed in jeopardy of life or limb.” As construed by the Supreme Court to date, this doesn't mean quite what most lay persons think it does. © The Court has limited the protection against double Most states have their own double jeopardy provisions. But the five that do not can retry a person for the same erime unless the court de cides the circumstances vio late its concept of “ordered liberty.” In the Federal courts the double jeopardy clause forbids retrial of per- sons convicted as well as those acquitted—to prevent the Government from trying to boost the sentence, , ‘The Court has held that a isingle act can constitute two or more-crimes for which a person can receive separate sentences—such as a dope eddler being tried for illegal ossession and sale. It has in a state cage that when a person held up sev- FIFTH Amendm@t 9 " t& the Constitution says tliat | jeopardy to Federal courts. ipotnted lawyer for Bartkus, . argued the had this e a. pra hos e Bartkus caso—where erson was acquitted by a Federal sourt and then con- victed in « stata court for the same act. Walter T. Fisher, court-ap- bank rob- ries. He saked the Court to| apply the former soquittal! half of the double jeopardy clause to the states, at least , to prevent trial by both the menis where théir laws had , the same purpose, | William C. Wines, aasistant attorney general of Illinois, at both govern- ments could Bartkus even ty if their laws had identical purposes. “One of the prices paid for dual sovereignty is dual powers,” he said, The Abbate case was the opposite side of the coin with Ma the state trial coming first, « except that Abbate and Fal- cone were convicted both times. Their attorney, Bel- lows, said this made no dif- : ference. No person should be eral persons in a bar at once | he could after being acquitted of robbing one then be tried and convicted of robbing an- other, Fe The Court has also at both Federal and state governments can try a per- son for the same act which violated laws of each if they ere enacted for different urposes. For instance, a counterfelter could be tried by the Federel Government for Wlegaily taking over its function of making money and again by the state for de- frauding its eltizens. The rea- soning -is that in such a case each government has a spe- Wy /. poet interest to cee a = ee oc ———-. - to protect military circuits - from sabotage. The state law tried twice for the same of- fense, he said. “The idea that a person cannot be tried twice for the same thing Js so deeply in- grained and fundamental” that the Court should extend it to every cburt,” he sald. Leonard B. Sand, Justice Department attorney, argued that the princlple of letting the Federal Government en- force its laws regardiess of state actlon is inkerent- in the Federal system and vital oO cartying out Federal pol- icles. The Federal and state Jaws involved in the Abbate case were enacted far dif- ferent purposes, said Sand. The Federal act was designed otects any private property. ut the Federal Government should be permitted te retry Abbate even if the statutes werenhdentical, hi-puti= Poo Le. Lok om a? pp a roteon Holioman Ga sm. a ( bn, Wei , al Pt fal ‘| | bi-2 ip ESF NOT RECORDED 46 nov 5 1958 . Wash. Post and fs Times Herald Wash. News Wash. Star —____ N. Y. Herald —_ Tribune N. Y. Journal- American N.Y. Mirror N. Y. Daily News - N. Y. Times Daily Worker The Worker New Leader Date acl 23 1958