A statute of Connecticut permitting appeals in criminal cases to be taken by the state is challenged by appellant as an infringement of the 14th Amendment.
Procedural History
SCOTUS found for Connecticut.
Issues
Is the 5th Amendment's right to immunity from double jeopardy essential to due process and thus covered by the 14th Amendment?
Holding/Rule
The 5th Amendment's right to immunity from double jeopardy is not a violation of those "fundamental principles of liberty and justice which lie at the base of all our civil and political institutions.
Reasoning
Argument for appellant is that the 5th Amendment is incorporated into the 14th Amendment.
The 5th Amendment creates immunity from double jeopardy.
The 14th Amendment says due process shall not be infringed.
A retrial infringes on the right against double jeopardy, which is incorporated into due process.
Appellant also argues that whatever would be a violation of the original bill of rights by the federal government is also a violation of the Bill of Rights by the states.
However, there is no such general rule.
The right to trial by jury and immunity from prosecution may have value and importance, but they are not the essence of a scheme of ordered liberty and abolishing them does not violate justice.
