In this case, a petition was filed in the Juvenile Division of the Superior Court seeking to have the juvenile declared a ward of the court on the ground that he committed an act (armed robbery) that would be a crime had he been an adult. At an adjudicatory hearing, the facts of the petition were found to be true. At that point, the juvenile court also found that the juvenile was not fit for juvenile proceedings and transferred the case to the Superior Court for him to be tried as an adult. The juvenile claimed that this was double jeopardy. Eventually the case reached the U.S. Supreme Court, which held that even if there were no double punishment, double jeopardy applied because he was required to go through two trials for basically the same offense.
1. What is the legal issue in the Breed case?
2. Explain why the Court found that the double jeopardy clause of the Fifth Amendment was violated by the California courts.