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8 August, 02:06

Palko V. Connecticut

1. Why did Frank Palko believed his rights were violated?

2. Whether the Court ruled for or against Palko?

3. Whether the Court applies the due process clause to uphold the Bill of Rights?

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  1. 8 August, 02:23
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    1) Frank Palko committed a crime in a local shop and then run away. After that, he was charged with first-degree murder and sentenced to death. He believed his rights were violated because he thought that Bill of Rights is not applied to him in full measure and argued that that the Fifth Amendment protection against double jeopardy applied to state governments through the Due Process Clause of the Fourteenth Amendment.

    2) The court ruled against Palko. Despite several attempts of Palko to avoid the punishment, t he Court upheld Palko's conviction on the basis that the Double Jeopardy appeal was not "essential to a fundamental scheme of ordered liberty", therefore Palko was died on electric chair.

    3) Keep in mind that Supreme Court of the United States applies the due process clause to uphold the Bill of Rights, providing four protections that function as the vehicle for the incorporation of the Bill of Rights.
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