Questions and Answers
What was Frank Palko originally charged with?
What is the primary constitutional issue in Palko v. Connecticut?
Double jeopardy
Which amendments are principally involved in the case of Palko v. Connecticut?
The court ruled in favor of Frank Palko.
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What did Justice Cardozo argue regarding the incorporation of rights?
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The court rejected the _________ reasoning regarding protection against double jeopardy.
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What was the outcome of Palko's case?
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What alternative solution could the court have recognized?
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Study Notes
Case Overview
- Frank Palko was initially charged with first-degree murder but convicted of second-degree murder, receiving a life sentence.
- Connecticut's state appealed the ruling, leading to a new trial where Palko was convicted of first-degree murder and sentenced to death.
- Palko appealed to the Supreme Court on the grounds of double jeopardy.
Constitutional Questions
- The central issue was whether retrying Palko for the same crime constituted double jeopardy, violating protections under the 5th Amendment.
- It was questioned if the 5th Amendment's double jeopardy clause applies through the 14th Amendment’s Due Process Clause to state actions.
Legal Provisions Involved
- The case involves the Bill of Rights specifically focusing on the 5th Amendment's protection against double jeopardy and the 14th Amendment's Due Process Clause.
Court's Decision
- The Supreme Court rejected Palko's appeal, siding with the state of Connecticut and upholding the second conviction.
Majority Opinion Reasoning
- Justice Cardozo, representing the majority opinion, dismissed the idea of blanket incorporation of all Bill of Rights provisions to the states.
- He identified certain rights, like freedom of speech, as fundamental, which are applied to states via the 14th Amendment's due process clause.
- The Court determined that protection against double jeopardy is not deemed a fundamental right, hence not applicable through the 14th Amendment.
Major Legal Doctrines
- The ruling established that protection against double jeopardy is not considered a fundamental right under constitutional protections.
Possible Alternative Outcomes
- The Court could have deemed double jeopardy a fundamental right, potentially extending constitutional protections to it.
- An alternative approach could have employed the Hurtado Doctrine, potentially impacting the Court's ruling on the matter.
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Description
These flashcards cover key concepts from the landmark case of Palko v. Connecticut. Explore the facts, legal principles, and implications of this important Supreme Court decision regarding double jeopardy. Ideal for students studying constitutional law or criminal justice.
