Question

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.

Answer 1

he was tried twice for the same crime. Explanation: Double jeopardy clause occurs when a person is put on trial for an offense of which he has already been put on trial before.

Answer 2

Frank Palko thought the Fifth Amendment ban on double jeopardy applied to his case because he was tried twice for the same crime.

• Frank Palko was accused of robbing and killing two police officers.
• He was first charged for first-degree homicide however later the jury discovered him guilty of the second-degree homicide.
• Because of this, the Connecticut Supreme Court of Error ordered a new trial and reversed the existing one.
• To this, Palko’s lawyer objected and claimed that these actions violated the Fifth Amendment.
• The Fifth Amendment prohibited double jeopardy and said that it applies to his case.