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Crist v. Bretz, 437 U.S. 28 (1978)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Crist v. Bretz, 437 U.S. 28 (1978)
Crist v. Bretz No. 76-1200 Argued November 1, 1977 Reargued March 22, 1978 Decided June 14, 1978 437 U.S. 28
APPEAL FROM THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
Syllabus
The federal rule that jeopardy attaches in a jury trial when the jury is empaneled and sworn, a rule that reflects and protects the defendant’s interest in retaining a chosen jury, is an integral part of the Fifth Amendment guarantee against double jeopardy made applicable to the States by the Fourteenth Amendment. Hence, a Montana statute providing that jeopardy does not attach until the first witness is sworn cannot constitutionally be applied in a jury trial. Pp. 32-38.
546 F. d 1336, affirmed.
STEWART, J., delivered the opinion of the Court, in which BRENNAN, WHITE, MARSHALL, BLACKMUN, and STEVENS, JJ., joined. BLACKMUN, J., filed a concurring opinion, post, p. 38. BURGER, C.J., filed a dissenting opinion, post, p. 39. POWELL, J., filed a dissenting opinion, in which BURGER, C.J., and REHNQUIST, J., joined, post, p. 40.
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Chicago: U.S. Supreme Court, "Syllabus," Crist v. Bretz, 437 U.S. 28 (1978) in 437 U.S. 28 437 U.S. 29. Original Sources, accessed May 20, 2024, http://www.originalsources.com/Document.aspx?DocID=EQYMB1PBKPRE8E3.
MLA: U.S. Supreme Court. "Syllabus." Crist v. Bretz, 437 U.S. 28 (1978), in 437 U.S. 28, page 437 U.S. 29. Original Sources. 20 May. 2024. http://www.originalsources.com/Document.aspx?DocID=EQYMB1PBKPRE8E3.
Harvard: U.S. Supreme Court, 'Syllabus' in Crist v. Bretz, 437 U.S. 28 (1978). cited in 1978, 437 U.S. 28, pp.437 U.S. 29. Original Sources, retrieved 20 May 2024, from http://www.originalsources.com/Document.aspx?DocID=EQYMB1PBKPRE8E3.
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