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By: Allie Tome Palko v. Connecticut
FACTS • Palko robbed a store and killed two police officers in his flee • Charged of first degree murder, convicted of second degree murder and give life in prison • Prosecutors filed another case charging him of first degree murder • They won and he was given the death sentence • Palko appealed this decison
1. What freedom or right was at issue? 2. Why was it at issue?3. How and why did the supreme court decide the case as it did? 2. The fifth amendment protection against double Jeopardy • Double Jeopardy 3. They said it is not a fundamental right incorporated by the fourteenth amendment to the individual states. http://blog.nmai.si.edu/main/2011/01/double-jeopardy.html
How did this case change how we understand the constitution? • They were to apply it on a state by state basis, known as selective incorporation. • Court upheld his second conviction because the double jeopardy was not “essential to a fundamental scheme of ordered liberty” http://www.stus.com/stus-cartoon.php?name=Palko+v.+Connecticut&cartoon=cpr0035
Works Cited • PALKO v. CONNECTICUT. The Oyez Project at IIT Chicago-Kent College of Law. 12 November 2011. <http://www.oyez.org/cases/1901-1939/1937/1937_135>. • "Palko v. Connecticut." LII | LII / Legal Information Institute. 12 Nov. 1937. Web. 17 Nov. 2011. <http://www.law.cornell.edu/supct/html/historics/USSC_CR_0302_0319_ZO.html>.