Palko

Palko v Connecticut, 1937

Frank Palko of Connecticut stole from a local music store and then fled on foot. He was cornered by two policemen, killed them, and escaped. He was found a month later. He was charged with first-degree murder but was convicted of the lesser second-degree murder and sentenced to life in prison. Connecticut prosecutors appealed and in a new trial, Palko was convicted of first-degree. Palko then appealed and argued his protection from double jeopardy, from the Fifth Amendment, had been violated and said that this protection applies to states under the Due Process Clause of the Fourteenth Amendment.

Did the state of Connecticut violate Palko's protection from double jeopardy guaranteed by the Fifth Amendment and reinforced by the Due Process Clause held in the Fourteenth Amendment?

The Supreme Court upheld Palko's second conviction of first-degree murder. Justice Cardozo stated that some rights that the Bill of Rights guarantees, are fundamental and therefore are applied to the states under the Fourteenth Amendment Due Process Clause. Protection against double jeopardy, however, is not a fundamental right. Palko was executed in Connecticut's electric chair in 1938.

The court used a case-by-case approach (selective incorporation).

Catherine Vo