Benton v. Maryland (1968)
- Docket
- 201
- Decided
- 1968-01-01
- Category
- General
Summary
Question: Did Benton's second indictment, trial, and conviction for larceny violate the Fifth Amendment provision against double jeopardy? Conclusion: Yes. The Court -- in a 7-2 decision -- overruled Palko , holding that the Double Jeopardy Clause of the Fifth Amendment as applied to the states is an element of liberty protected by Due Process of the Fourteenth Amendment. As a result, Benton's larceny conviction was overturned. Justice Thurgood Marshall authored the majority opinion.