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Palko v. ConnecticutSupreme Court of the United StatesArgued November 12, 1937Decided December 6, 1937Full case namePalko v. State of ConnecticutCitations302 U.S. 319 (more)58 S. Ct. 149; 82 L. Ed. 288; 1937 U.S. LEXIS 549Case historyPriorState v. Palko, 122 Conn. 529, 191 A. 320 (1937); probable jurisdiction noted, 58 S. Ct. 20 (1937).HoldingThe Fifth Amendment right to protection against double jeopardy is not a fundamental right incorporated by the Fourteenth Amendment to the individual states.Court membershipChief Justice
Charles E. Hughes

Associate Justices
James C. McReynolds · Louis BrandeisGeorge Sutherland · Pierce ButlerHarlan F. Stone · Owen RobertsBenjamin N. Cardozo · Hugo Black
Case opinionsMajorityCardozo, joined by McReynolds, Brandeis, Sutherland, Stone, Roberts, BlackDissentButlerLaws appliedU.S. Const. amend. V, U.S. Const. amend. XIVOverruled byBenton v. Maryland, 395 U.S. 784 (1969)

Palko v. Connecticut, 302 U.S. 319 (1937), was a United States Supreme Court case concerning the incorporation of the Fifth Amendment protection against double jeopardy.[1]


In 1935, Frank Palko, a Connecticut resident, broke into a local music store and stole a phonograph, proceeded to flee on foot, and, when cornered by law enforcement, shot and killed two police officers and made his escape. He was captured a month later.[2]

Palko had been charged with first-degree murder but was instead convicted of the lesser offense of second-degree murder and was given a sentence of life imprisonment. Prosecutors appealed per Connecticut law and won a new trial in which Palko was found guilty of first-degree murder and sentenced to death. Palko then appealed, arguing that the Fifth Amendment protection against double jeopardy applied to state governments through the Due Process Clause of the Fourteenth Amendment. The Court had previously held, in the Slaughterhouse cases, that the protections of the Bill of Rights should not be applied to the states under the Privileges or Immunities clause, but Palko held that since the infringed right fell under a due process protection, Connecticut still acted in violation of the Fourteenth Amendment.


In an opinion by Justice Benjamin Cardozo, the Court held that the Due Process Clause protected only those rights that were “of the very essence of a scheme of ordered liberty” and that the court should therefore incorporate the Bill of Rights onto the states gradually, as justiciable violations arose, based on whether the infringed right met that test.

Applying the subjective case-by-case approach (known as selective incorporation), the Court upheld Palko’s conviction on the basis that the double jeopardy appeal was not “essential to a fundamental scheme of ordered liberty.” The case was decided by an 8–1 vote. Justice Pierce Butler was the lone dissenter, but he did not author a dissenting opinion.

Palko was executed in Connecticut’s electric chair on April 12, 1938.[3]

Later developments

The Court eventually reversed course and overruled Palko by incorporating the protection against double jeopardy with its ruling in Benton v. Maryland.[4]

See also

List of United States Supreme Court cases, volume 302


^ Palko v. Connecticut, 302 U.S. 319 (1937).

^ “Double Jeopardy – Two Bites of the Apple or Only One?” by Charles A. Riccio Jr., July 1997.

^ Palko v. Connecticut, Oyez, (last visited June 3, 2018).

^ Benton v. Maryland, 395 U.S. 784 (1969).

External links

Works related to Palko v. Connecticut at Wikisource
Text of Palko v. Connecticut, 302 U.S. 319 (1937) is available from: CourtListener  Findlaw  Google Scholar  Justia  Library of Congress  Oyez (oral argument audio) vteUnited States Fifth Amendment criminal procedure case lawGrand Jury Clause
Hurtado v. California (1884)
Ex parte Bain (1887)
Wong Wing v. United States (1896)
Maxwell v. Dow (1900)
United States v. Moreland (1922)
Beck v. Washington (1962)
United States v. Cotton (2002)Double Jeopardy ClauseMeaning of “same offense”
Blockburger v. United States (1932)
Grady v. Corbin (1990)
United States v. Felix (1992)
United States v. Dixon (1993)After acquittal
United States v. Randenbush (1834)
Ball v. United States (1896)
Burton v. United States (1906)
Fong Foo v. United States (1962)
Ashe v. Swenson (1970)
Burks v. United States (1978)
Evans v. Michigan (2013)
Bravo-Fernandez v. United States (2016)After conviction
Ludwig v. Massachusetts (1976)After mistrial
United States v. Perez (1824)
United States v. Jorn (1971)
United States v. Dinitz (1976)
Oregon v. Kennedy (1982)
Blueford v. Arkansas (2012)Dual sovereigns doctrine
Bartkus v. Illinois (1959)
Waller v. Florida (1970)
Heath v. Alabama (1985)
United States v. Lara (2004)
Puerto Rico v. Sanchez Valle (2016)
Gamble v. United States (2019)Other
Ex parte Bigelow (1885)
Palko v. Connecticut (1937)
Louisiana ex rel. Francis v. Resweber (1947)
Baxstrom v. Herold (1966)
North Carolina v. Pearce (1969)
Benton v. Maryland (1969)Self-Incrimination Clause
Griffin v. California (1965)
Miranda v. Arizona (1966)
Haynes v. United States (1968)
Williams v. Florida (1970)
Lakeside v. Oregon (1978)
Rhode Island v. Innis (1980)
Kolender v. Lawson (1983)
Mitchell v. United States (1999)

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After Frank Palko was sentenced to death by the state of...

After Frank Palko was sentenced to death by the state of… – a. his conviction and execution should be upheld. b. the case should be thrown out for lack of evidence. c. his sentence should be reduced. d. he was the victim of double jeopardy.The Connecticut Supreme Court ruled Thursday that it would be unconstitutional to execute the remaining inmates on the state's death row In the case before the state's highest court, an inmate sentenced to death a decade ago argued that he should not be executed because his crime was…Appeal from the Supreme Court of Errors of the State of Connecticut. Messrs. A jury found him guilty of murder in the second degree, and he was sentenced to confinement in the state Thereafter the State of Connecticut, with the permission of the judge presiding at the trial, gave notice of This court has ruled that consistently with those amendments trial by jury may be modified by a state or…

Connecticut Supreme Court says the death… – The Washington Post – Court , Supreme court, court trial, court case, court procedure, the arguments прения in court, in open court в открытом Punishment capital/death punishment = death penalty, corporal/physical punishment Prison (syn jail , US) to send smb 1.He was sentenced to three years of imprisonment.Palko v. state of connecticut. No. 135. State v. Palko, 121 Conn. 669, 186 A. 657. It found that there had been error of law to the prejudice of the state (1) in excluding testimony as to a confession by defendant; (2) in excluding testimony upon cross-examination of defendant to impeach…Palko v. Connecticut, 302 US 319 (1937)AnswerThe Court held the Fifth Amendment double jeopardy clause did not apply to the states via the Fourteenth The second jury found Palko guilty of first degree murder and sentenced him to death. The Supreme Court of Errors affirmed the verdict, and…

Connecticut Supreme Court says the death... - The Washington Post

PALKO v. STATE OF CONNECTICUT. | Supreme Court | US Law – In Palko v. Connecticut, 302 U.S. 319 (1937), the Supreme Court ruled against applying to the states the Frank Palko had been tried for first-degree murder in Connecticut but was convicted of murder in the second degree Prosecutors retried him, and he received a death sentence, which he…Palko v. Connecticut 1937Appellant: Frank PalkoAppellee: State of ConnecticutAppellant's Claim: That when Connecticut tried With an 8-1 decision, the Supreme Court affirmed Palko's conviction and death sentence. Writing for the Court, Justice Benjamin N. Cardozo rejected the argument that…After consideration, the plaintiff dripped the case against his neighbor. The customs arrested the shipment of books. They listen to the evidence given in court in certain criminal cases and decide if the defendant is guilty or innocent.

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