Palko v. Connecticut
Encyclopedia
Palko v. Connecticut, , was a United States Supreme Court
case concerning the incorporation
of the Fifth Amendment
protection against double jeopardy
.
resident, broke into a local music store and stole a phonograph, proceeded to flee on foot, and when cornered by law enforcement, killed two police officers and made his escape. He was captured a month later.
Palka had been charged with first-degree murder but was instead convicted of the lesser offense of second-degree murder and given a sentence of life imprisonment. Prosecutors appealed per Connecticut
law and won a new trial, in which Palka was found guilty of first-degree murder and sentenced to death. Palka 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 Palka held that since the infringed right fell under a due process protection, Connecticut still acted in violation of the Fourteenth Amendment.
Applying this 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.
, 395 U.S. 784 (1969).
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
case concerning the incorporation
Incorporation (Bill of Rights)
The incorporation of the Bill of Rights is the process by which American courts have applied portions of the U.S. Bill of Rights to the states. Prior to the 1890s, the Bill of Rights was held only to apply to the federal government...
of the Fifth Amendment
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
protection against double jeopardy
Double jeopardy
Double jeopardy is a procedural defense that forbids a defendant from being tried again on the same, or similar charges following a legitimate acquittal or conviction...
.
Background
In 1935, Frank Palka (whose name was misspelled as Palko in Court documents), a ConnecticutConnecticut
Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...
resident, broke into a local music store and stole a phonograph, proceeded to flee on foot, and when cornered by law enforcement, killed two police officers and made his escape. He was captured a month later.
Palka had been charged with first-degree murder but was instead convicted of the lesser offense of second-degree murder and given a sentence of life imprisonment. Prosecutors appealed per Connecticut
Connecticut
Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...
law and won a new trial, in which Palka was found guilty of first-degree murder and sentenced to death. Palka appealed, arguing that the Fifth Amendment
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
protection against double jeopardy applied to state governments through the Due Process Clause of the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
. The court had previously held in the Slaughterhouse cases
Slaughterhouse Cases
The Slaughter-House Cases, were the first United States Supreme Court interpretation of the relatively new Fourteenth Amendment to the Constitution...
that the protections of the Bill of Rights
United States Bill of Rights
The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. These limitations serve to protect the natural rights of liberty and property. They guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and...
should not be applied to the states under the Privileges or Immunities clause
Privileges or Immunities Clause
The Privileges or Immunities Clause is Amendment XIV, Section 1, Clause 2 of the United States Constitution. It states:Along with the rest of the Fourteenth Amendment, this clause became part of the Constitution on July 9, 1868....
, but Palka held that since the infringed right fell under a due process protection, Connecticut still acted in violation of the Fourteenth Amendment.
Court's Decision
Justice Benjamin Cardozo 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 gradually incorporate the Bill of Rights onto the States as justiciable violations arose, based on whether the infringed right met that test.Applying this 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
Pierce Butler (justice)
Pierce Butler was an American jurist who served as an Associate Justice of the Supreme Court of the United States from 1923 until his death in 1939...
was the lone dissenter, but he did not author a dissenting opinion.
Palko was executed in Connecticut's electric chair on April 12, 1938.
Later developments
The Court eventually reversed course and overruled Palko by incorporating the protection against double jeopardy with its ruling in Benton v. MarylandBenton v. Maryland
Benton v. Maryland, , is a Supreme Court of the United States decision concerning double jeopardy. Benton ruled that the Double Jeopardy Clause of the Fifth Amendment does apply to the states. In doing so, Benton expressly overruled Palko v. Connecticut, .-Facts of the case:John Dalmer Benton was...
, 395 U.S. 784 (1969).