Frank Palko thought the Fifth Amendment ban on double jeopardy applied to his case because he was tried for first degree murder. he was tried for second degree murder. he was first sentenced to life imprisonment. he was tried twice for the same crime.

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Casey Gallegos

28 September, 00:47

Frank Palko thought the Fifth Amendment ban on double jeopardy applied to his case because he was tried for first degree murder. he was tried for second degree murder. he was first sentenced to life imprisonment. he was tried twice for the same crime.

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Nasir Odom · Answer 1

Frank Palko thought the Fifth Amendment ban on double jeopardy applied to his case because " he was tried twice for the same crime", which is outlawed by the Constitution.

Meadow Reeves · Answer 2

He was tried twice for the same crime - - this case was Palko v. Connecticut (1937)

Palko was tried for first-degree murder and was found guilty of second degree murder. The state appealed for a new case and tried Palko for first-degree murder and he was then tried for first-degree murder. Palko took his case to the Supreme Court because he felt his 5th amendment right had been violated by the "double jeopardy" clause. The Supreme Court upheld the second conviction stating "double jeopardy" is not a fundamental right the federal government must uphold.