The Supreme Court ruled the Fifth Amendment protection against double jeopardy applied to the states through the due process clause of the Fourteenth Amendment.
In a 7-2 vote, the Supreme Court overturned Palko v. Connecticut
In Palko, the Court had allowed double jeopardy in Connecticut, saying that the only rights that applied to the states under the due process clause of the Fourteenth Amendment were those closely related to the concept of “ordered liberty.” In reversing Palko, the Court recognized that although it had earlier not believed that a double jeopardy conviction was a universally “shocking” violation of justice, a prohibition against double jeopardy was, in fact, a long-standing practice that was fundamental to the American system of justice.
Bill of Rights
Due process, procedural
Lanza, United States v.
Palko v. Connecticut
Ursery, United States v.