Frank Palko had been charge with first-degree murder. He was convicted instead of second-degree murder and sentenced to life imprisonment. The state of Connecticut appealed and won a new trial; this time the court found Palko guilty of first-degree murder and sentenced him to death. The Supreme Court upheld Palko's second conviction. Some Bill of Rights guarantees-- such as freedom of thought and speech--are fundamental, and that the 14th amendment's due process clause absorbed the fundamental rights and applied them to the states. Protection against double jeopardy was not a fundamental right. (Quizlet Flash cards):
After the sentencing they saw to it that the double Jeopardy right was NOT a fundamental right. therefore this is the ruling