Is the Fifth Amendment against double jeopardy absorbed into the Fourteenth Amendment?
MultiRegion, United States of America
The following excerpt is from United States v. Wilkins, 348 F.2d 844 (2nd Cir. 1965):
The question presented here is whether the guarantee contained in the Fifth Amendment against double jeopardy should be absorbed by the Fourteenth Amendment so as to make it applicable to state prosecutions. If the answer be yes, then the full scope of that guarantee as interpreted by the federal courts is applicable to the states. Malloy v. Hogan, 378 U.S. 1, 10, 84 S.Ct. 1489, 12 L.Ed.2d 653 (1964).
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