Palko+v.+Connecticut

//Palko v. State of Connecticut//

//**Important Dates:**// Argued: November 12th, 1937 Decided: December 6th, 1937


 * //Premise://** Important contribution to creating an acceptable test for Due Process (14th Amendment) that limits the actions of state governments. 5th Amendment (double jeopardy)


 * //Background://** Frank Palko robbed a store and killed two police officers. He was tried for first-degree murder, but found guilty of second-degree murder, and was sentenced to life in prison. Prosecutors appealed and were able to submit his confession, previously prohibited from evidence. He was then found guilty of first-degree murder. It was then appealed to the Supreme Court.


 * //Opinion of the Court://** Delivered by Justice Cardozo. Palko's argument of what is forbidden by the 5th Amendment is also forbidden by the 14th was rejected. A new test was proposed for determining the rights of the accused are so fundamental that they are equally applied to the state and federal governments. The "principles of justice so rooted in the traditions and conscience of our people as to be ranked fundamental."

p257, p258