Holding: Double Jeopardy is not prohibited against the States.
Why: (1) Protection against double jeopardy is not a fundamental right only:
a. Freedom of Speech
b. Freedom of Religion
c. Freedom of the press
(2) Double jeopardy is not a “fundamental principle of liberty and justice? and “a fair and enlightened justice system remains possible without the double jeopardy provision”.
(3) State’s desire to retry ? is not cruel or vexatious.
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