PLS 460 Criminal Rights Notes

PLS 460 Criminal Rights Notes - Criminal Rights Palko v...

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Criminal Rights Palko v Connecticut 302 U.S. 319 (1937) Defendant appealed a judgment that affirmed the death sentence imposed on the ground that Conn. Gen. Stat. § 6494, which allowed the State to appeal in a criminal case, violated U.S. Const. amend. XIV because it allowed defendant to be tried twice and thus subjected him to double jeopardy in violation of U.S. Const. amend. V. The United States Supreme Court affirmed, holding that not all U.S. Const. amend. V rights were applicable to the states through U.S. Const. amend. XIV, and the state could choose not to adopt a right if it was not of the very essence of a scheme of ordered liberty, and its abolishment would not violate a principle of justice so rooted in the traditions and conscience of the American people as to be ranked as fundamental. The Court ruled that the state statute did not deny petitioner due process of law because allowing a retrial did not violate fundamental principles of liberty and justice where it was only done to ensure a trial free from substantial legal error. Adamson v California 332 U.S. 46 (1947) Whether trial judges and attorneys can comment on and juries to consider as evidence of guilt failure of a defendant to testify on his own behalf. Two major due process methodologies were joined in combat. One theory-that defended by Justice Frankurter in his concurring opinion- argued that the Due Process Clause has
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This note was uploaded on 05/04/2010 for the course PLS 460 taught by Professor Lermack during the Spring '10 term at Bradley.

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PLS 460 Criminal Rights Notes - Criminal Rights Palko v...

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