Palko v. Connecticut
- 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.
- SCOTUS found for Connecticut.
- Is the 5th Amendment's right to immunity from double jeopardy essential to due process and thus covered by the 14th Amendment?
- 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.
- 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.