Palko V. Connecticut Supreme Court Case Study

Today marks the 80th anniversary of the devastating Supreme Court case of Palko v. Connecticut[1] in which the Supreme Court held that the 5th amendment right against Double Jeopardy did not apply to state courts. While Palko[2] was eventually overturned by the landmark case of Benton v. Maryland[3], Palko stood for 32 years as an impediment to peoples Constitutional rights.

The Case[4]

The case behind Palko perhaps explains the Courts dim view. Late one evening in 1935, Frank Palko[5] broke into a music store in Fairfield County Connecticut[6] , stole a phonograph and fled the scene on foot. Mr. Palko was quickly cornered by a police officer who he shot and killed. Mr. Palko remained at large for a month before he was finally captured. Mr. Palko was brought to trial on one count of first degree murder. At the time, Connecticut had the death penalty for first degree murder. Mr. Palko was found guilty by a jury of second degree murder and sentenced to life in prison. At the time in Connecticut, the State could appeal a verdict, which the State did.

Palko had made, and refusing to allow the State to cross examine Mr. Palko on the witness stand. Thus, Mr. Palko’s conviction was overturned, and he was tried again on the same count of first degree murder. This time Mr. Palko was found guilty of first degree murder, and sentenced to