Frank Palko Double Jeopardy Case

In 1937, Frank Palko was tried for the crimes of robbing a liquor store as well as shooting and killing two police officers chasing him down. Palko was then convicted of second-degree murder. The state opened a second trial when evidence of a confession which was not shown in the first trial was admitted, thus Palko was then convicted of first-degree murder and sentenced to death. Palko appealed, claiming the state had violated his Fifth Amendment right to the protection against double jeopardy. Double jeopardy is being put on trial for the same crime twice. The Court created the “fundamental rights” to guide decisions about incorporating specific rights in the Bill of Rights under the due process clause of the Fourteenth Amendment that would