Benton v. Maryland
| Benton v. Maryland | |
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| Argued December 12, 1968 Reargued March 24, 1969 Decided June 23, 1969 |
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| Full case name | Benton v. Maryland |
| Citations | 395 U.S. 784 (more) |
| Subsequent history | 1 Md. App. 647, 232 A. 2d 541, vacated and remanded |
| Holding | |
| The Fifth Amendment prohibition of double jeopardy apply to the states through the Fourteenth Amendment. | |
| Court membership | |
| Case opinions | |
| Majority | Marshall, joined by Warren, Black, Douglas, Brennan |
| Concurrence | White |
| Dissent | Harlan, joined by Stewart |
| Laws applied | |
| U.S. Const. amend. V and XIV | |
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This case overturned a previous ruling or rulings
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| Palko v. Connecticut | |
Benton v. Maryland, 395 U.S. 784 (1969), is a Supreme Court of the United States decision concerning double jeopardy. Benton ruled that the Double Jeopardy Clause of the Fifth Amendment applies to the states. In doing so, Benton expressly overruled Palko v. Connecticut, 302 U.S. 319 (1937).
John Dalmer Benton was tried on charges of larceny and burglary. He was acquitted of larceny but convicted of burglary and was sentenced to 10 years in prison.
Shortly after Benton's conviction, the Maryland Court of Appeals had ruled in Schowgurow v. State that the portion of the Maryland Constitution that required all jurors to swear to their belief in the existence of God was itself unconstitutional. Since the jurors in Benton's case had been selected under the unconstitutional provision, he was given the option of demanding a new trial. Benton chose to undergo a new trial, but at the second trial, the state again charged Benton with larceny even though he had been acquitted of larceny in the first trial. The second trial concluded with Benton being found guilty of both burglary and larceny.
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