tateo argued april decided june respondent informed trial trial judge expressed intention jury found guilty impose life sentence kidnaping charge consecutive sentences felony charges pleaded guilty whereupon jury discharged kidnaping count dismissed sentence imposed remaining counts subsequent proceeding another district judge doubting respondent guilty plea voluntary set aside conviction granted new trial third trial judge dismissed charges holding reprosecution barred double jeopardy clause fifth amendment held retrial defendant whose conviction set aside collateral attack error proceedings leading conviction barred double jeopardy ball followed downum distinguished pp supp reversed remanded beatrice rosenberg argued cause brief solicitor general cox assistant attorney general miller philip heymann jerome nelson robert kasanof argued cause appellee brief john rogge justice harlan delivered opinion case presents question whether federal criminal defendant conviction overturned collateral proceedings ground guilty plea entered trial voluntary induced part comments trial judge may tried crimes protected prosecution double jeopardy clause fifth amendment hold circumstances retrial infringe constitutional protection double jeopardy may appellee tateo another brought trial jury indictment charging bank robbery kidnaping connection robbery taking carrying away bank money receiving possessing stolen bank money conspiracy commit substantive offenses fourth day trial judge informed tateo counsel tateo found guilty jury impose life sentence kidnaping charge consecutive sentences charges upon told judge position advised counsel likelihood conviction great tateo pleaded guilty codefendant thereupon jury discharged kidnaping count dismissed prosecution consent tateo sentenced total years months imprisonment counts later proceeding another district judge judge weinfeld granted tateo motion set aside judgment conviction new trial determining cumulative impact trial testimony trial judge expressed views punishment strong advice given counsel rendered doubtful tateo possessed freedom necessary voluntary plea guilty supp reindicted kidnaping charge tateo brought third district judge judge tyler trial charge four bank robbery charges earlier pleaded guilty upon motions defense judge tyler dismissed kidnaping count abandoned government four counts reasoned since neither genuine consent exceptional circumstance underlay termination first trial waiver double jeopardy claim made tateo government precluded retrying supp government appealed accord permits direct appeal decision district sustaining motion bar defendant put jeopardy noted probable jurisdiction reasons given reverse judgment district fifth amendment provides person shall subject offence twice put jeopardy life limb principle provision preclude government retrying defendant whose conviction set aside error proceedings leading conviction part constitutional jurisprudence respect differ practice obtaining england rule country explicitly stated ball case defendants reindicted found original indictment defective followed variety circumstances see stroud conviction reversed confession error bryan conviction reversed insufficient evidence forman original conviction reversed error instructions jury defendant conviction overturned collateral rather direct attack irrelevant purposes see robinson aff another ground courts empowered grant new trials incongruous compel greater relief one proceeds collaterally one whose rights vindicated direct review different theories advanced support permissibility retrial greater importance conceptual abstractions employed explain ball principle implications principle sound administration justice corresponding right accused given fair trial societal interest punishing one whose guilt clear obtained trial high price indeed society pay every accused granted immunity punishment defect sufficient constitute reversible error proceedings leading conviction standpoint defendant least doubtful appellate courts zealous protecting effects improprieties trial pretrial stage knew reversal conviction put accused irrevocably beyond reach prosecution reality therefore practice retrial serves defendants rights well society interest underlying purpose permitting retrial much furthered application rule case cases previously decided tateo contends situation must distinguished one accused found guilty jury since involuntary plea guilty deprived opportunity obtain jury verdict acquittal find argument unconvincing case reversed coerced confession improperly admitted deficiency indictment improper instruction presumed accused case fairly put jury defendant less wronged jury finding guilt unfair trial failure get jury verdict distinction two kinds wrongs affords sensible basis differentiation regard retrial appellee argument considerably less strong similar one rejected bryan supra case held despite appeals determination defendant entitled insufficiency evidence directed verdict acquittal reversal conviction direction new trial permissible disposition downum way inconsistent permitting retrial held jury discharged prosecution ready go forward case accused may tried another jury opinion recognized however circumstances mistrial preclude second trial see perez wheat jury unable agree simmons likelihood juror subject bias gori sustained second conviction original trial judge declared mistrial ground possible prejudice defendant although judge acted without defendant consent wisdom granting mistrial doubtful tateo requested mistrial basis judge comments doubt successful government barred retrying see gori page see also dissenting opinion douglas although may good reasons tateo counsel chose make motion trial judge strange tateo benefit delay challenging judge conduct conclude case falls squarely within reasoning ball subsequent cases allowing government retry persons whose convictions overturned judgment therefore reversed case remanded district instructions reinstate four bank robbery counts ordered footnotes also difficult understand tateo treated differently one coerced pleading guilty jury impaneled intimation case prosecutorial judicial impropriety justifying mistrial resulted fear jury likely acquit accused different considerations course obtain dissent post entirely misconceives thrust argument point whether one expected tateo ask mistrial rather whether request made either granted underlain reversal direct review tateo tried tried decision proscribing retrial attack collateral mean lawyer worth salt forbear requesting mistrial similar circumstances even certain position sustained trial judge review judicial system encourage litigants raise objections earliest rather latest possible time seems words simple logic compels conclusion precluded retrial also preclude retrial similar case mistrial granted result contradict language prevailing dissenting opinions gori justice goldberg justice black justice douglas join dissenting affirm district holding supp decision last term downum double jeopardy clause fifth amendment protects tateo reprosecution today departs downum substantially weakens constitutional guarantee downum correctly decided deserves life longer accorded decision today rather making real effort distinguish downum limits particular facts reaffirms indeed extends doubtful holding narrow majority gori holding view departs downum hospitable attitude toward policy bill rights make rare indeed occasions citizen offense required run gantlet twice gori supra douglas dissenting comparison facts rationale downum reveals case calls loudly downum protection double jeopardy downum morning case called trial sides announced ready jury selected sworn instructed return returned prosecution asked jury discharged key witness two counts indictment present fact discovered prosecutor noon recess contended failure secure attendance witness way deliberate based upon prosecutor conclusion impaneled jury likely acquit instead jury first selected try petitioner sworn discharged prosecution witness served summons arrangements made assure presence downum supra sustaining claim double jeopardy retrial commenced two days later said times valued right defendant trial completed particular tribunal summoned sit judgment may subordinated public interest imperious necessity wade hunter supra differences arisen application principle see brock north carolina green harassment accused successive prosecutions declaration mistrial afford prosecution favorable opportunity convict examples jeopardy attaches gori supra extreme cases mark limits guarantee discretion discharge jury reached verdict exercised extraordinary striking circumstances use words justice story coolidge fed cas prohibition double jeopardy clause twice punished twice put jeopardy ball resolve doubt favor liberty citizen rather exercise unlimited uncertain arbitrary judicial discretion present case four days trial trial judge put time sentencing told defendant counsel convicted jury intend give absolute maximum sentence life sentence plus years follow life sentence anybody wonders one serve sentence served life sentence simple life sentence eligible parole fifteen years sentence follow life sentence eligible parole life sentence stay jail rest life tateo served almost seven years prison district judge weinfeld granted motion vacate conviction judge weinfeld found choice open defendant apprised trial statement rather severely limited constitutional right continued trial found guilty faced light announced attitude imposition life sentence upon kidnapping charge plus additional time upon counts sentence lawyer informed believed without reason meant life imprisonment matter heinous offense charged overwhelming proof guilt may appear hopeless defense defendant right continue trial may violated constitutional right require government proceed conclusion trial establish guilt independent evidence exercised shadow penalty persists assertion right found guilty faces view trial announced intention maximum sentence pleads guilty prospect substantially reduced term realities human nature common experience compel conclusion defendant enveloped coercive force resulting knowledge conveyed attitude sentence circumstances foreclosed reasoned choice time entered plea guilty judge tyler found tateo coerced availing fifth amendment right go original jury verdict guilt innocence applying downum judge tyler held ince neither constitutionally sound consent exceptional circumstance underpinned termination second trial constitutionally impermissible government indeed challenge judge weinfeld judge tyler conclusion tateo guilty plea coerced trial judge contended injury tateo less substantial injury downum deprived valued right trial completed particular tribunal wade hunter downum reason prosecutorial oversight neglect tateo reason trial judge threat impose sentence make stay jail rest life anything tateo deprivation serious purpose judicial coercion case deny right impaneled jury decide fate whereas merely effect prosecutorial negligence downum moreover downum subjected taking evidence whereas tateo trial progress four days abortive ending reasons advanced support holding similar arguments presented government effect rejected downum suggests government unsuccessfully argued downum double jeopardy pleas sustained logically reprosecution barred case error committed trial decisions however non sequitur country contrary english practice defendant may retried reversal errors trial including errors instructions rulings evidence admitting confessions permitting prejudicial comments conduct prosecutor instances realities notwithstanding errors defendant jury trial albeit jury trial law entitled tateo however deprived valued right original jury consider case wade hunter supra experienced trial lawyer aware realities jury trials recognize difference two cases many juries acquit defendants trials reversible error committed many experienced trial lawyers forego motion mistrial favor case decided jury says tateo requested mistrial basis judge comments doubt successful government barred retrying ante completely overlooks judge weinfeld unchallenged finding tateo enveloped coercive force trial judge threat choice plead guilty hypothesize results defense request mistrial circumstances obscures issue trial judge defendant took case away jury coercing guilty plea also intimates tateo plea double jeopardy accepted logically necessary bar reprosecutions double jeopardy clause persons whose guilty pleas made jury sworn ultimately found coerced decisions follow settled interpretation protection double jeopardy clause attach jury impaneled sworn nonjury trial begun hear evidence thus application double jeopardy guarantee tateo case plea coerced four days trial way impair settled interpretation also suggested tateo proceeded verdict appealed sentence reply counsel seems unanswerable audacious trial lawyer indeed advise client federal risk life prison without hope parole basis appellate review sentence power review sentence within statutory maximum either gore appeals pependrea final point decision necessary protect societal interest punishing one whose guilt clear interest prefers right accused subjected double jeopardy ante deference suggest constitution resolved question competing interests government individual favor protecting individual harassment danger reprosecution agree brother douglas dissenting gori question whether defendant receive absolution crime policy bill rights make rare indeed occasions citizen offense required run gantlet twice risk judicial arbitrariness rests view constitution puts government downum resolve doubt favor liberty citizen reasons dissent gori expressly refused decide whether reprosecution permitted situations discretion trial judge may abused judge exercises authority help prosecution holds effect reprosecution permissible situations see note double jeopardy reprosecution problem harv rev ball note harv downum cornero compare bassing cady dickerson app whether counsel correct conclusion compare wiley note rev beside point dilemma real authorities