Burks v. United States, 437 U.S. 1 (1978), is a United States Supreme Court decision that clarified both the scope of the protection against double jeopardy provided by the Fifth Amendment to the United States Constitution and the limits of an appellate court's discretion to fashion a remedy under section 2106 of Title 28 to the United States Code. It established the constitutional rule that where an appellate court reverses a criminal conviction on the ground that the prosecution failed to present sufficient evidence to prove the defendant's guilt beyond a reasonable doubt, the Double Jeopardy Clause shields the defendant from a second prosecution for the same offense. Notwithstanding the power that appellate courts have under section 2106 to "remand the cause and direct the entry of such appropriate judgment, decree, or order, or require such further proceedings to be had as may be just under the circumstances," a court that reverses a conviction for insufficiency of the evidence may not allow the lower court a choice on remand between acquitting the defendant and ordering a new trial. The "only 'just' remedy" in this situation, the Court held, is to order an acquittal.
Facts and Procedural History
David Wayne Burks, the petitioner in this case, pled not guilty "by reason of insanity" to a charge of armed bank robbery under 18 U.S.C. § 2113(d).
To support this insanity defense at his jury trial in the Middle District of Tennessee, Burks called as expert witnesses two psychiatrists and a psychologist. Although they diagnosed him differently, they all testified that the defendant "suffered from a mental illness at the time of the robbery, which rendered him substantially incapable of conforming his conduct to the requirements of the law."
To rebut Burks' evidence of insanity, the federal prosecutor called two expert witnesses and lay witnesses. One of the expert witnesses opined that Burks had a "character disorder," but was not mentally ill. Although the other expert agreed that a character disorder afflicted Burks, he "gave a rather ambiguous answer to the question of whether Burks had been capable of conforming his conduct to the law." The Government's lay witnesses, including police officers and a cab driver whose taxi was taken at gun point by Burks, testified that Burks "seemed sane" at the time. Another lay witness, Burks' work supervisor, testified that Burks had once told him "a bizarre story of a room with cameras all around '. . . and blowing somebody's brains out and having a picture of it.'"
After each side presented its case, the defendant moved the court for a judgment of acquittal, arguing that the Government's evidence was insufficient to prove his guilt. The district court denied the motion and submitted the case to the jury, which found the defendant guilty. He received a twenty-year sentence. At that point, Burks moved for a new trial, renewing his insufficiency-of-the-evidence argument. Again, the district court denied his motion.
Burks appealed to the United States Court of Appeals for the Sixth Circuit seeking a reversal of his conviction. He conceded that he had held up the bank, but maintained that he was insane when he did so and that the Government had failed to prove otherwise. The Sixth Circuit agreed that the Government's evidence was insufficient to prove Burks' sanity (and, accordingly, his criminal responsibility) beyond a reasonable doubt. Having made this threshold determination, the Sixth Circuit reasoned that "[s]ince Burks made a motion for a new trial," it had "discretion in determining the course to direct on remand" under 28 U.S.C. § 2106. It, then, instructed the district court to choose between two alternatives on remand: either entering a directed verdict of acquittal or ordering a new trial.
To guide the lower court in this decision, the Sixth Circuit advised it to consider whether the Government could present additional evidence sufficient to justify a new trial, but also gave the court discretion to acquit the defendant if the equities—or fairness—demanded that result:
Both the Government and the defendant filed petitions for rehearing in the Sixth Circuit, which were denied. The Supreme Court granted Burks' petition for a writ of certiorari, taking jurisdiction of the case under 28 U.S.C. § 1254(1).
Relevant Constitutional Provision
The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution provides: "No person shall be . . . subject for the same offence to be twice put in jeopardy of life or limb . . . ."