The Maryland Supreme Court affirmed, following the U.S. Supreme Court's Palko decision, which held that the double-jeopardy clause did not apply to state court criminal proceedings.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. In Schowgurow the Maryland Court of Appeals struck down a section of the state constitution which required jurors to swear their belief in the existence of God. benton v maryland 1969 Classes. Benton v. Maryland, 395 U.S. 784 (1969), is a Supreme Court of the United States decision concerning double jeopardy. Petty crimes, defined as those punishable by no more than six months in prison and a $500 fine, were not subject to the jury trial provision. Thus, the requirements imposed by the Bill of Rights on the national government apply with equal force to the states. The Supreme Court held that the Sixth Amendment right to compulsory process is so fundamental that it is incorporated in the due process clause of the Fourteenth Amendment. He was indicted in Fairfield County, Connecticut, on charges of murder in the first degree, a cap… The … Washington claimed that Fuller would testify to these facts, but the prosecution objected based on a state statute that prevented persons charged in the same crime from testifying on behalf of one another. The Court noted that the law was not aimed at the purchase, sale, or possession of illegal drugs. Wolf v Colorado (1944) the Fourteenth Amendment did not impose specific limitations on criminal justice in the states, and that illegally obtained evidence did not necessarily have to be excluded from trials in all cases. the David sculpture, Lolita (a book essentially about pedophilia),and pictures in health books all OK), Woman is raped in college and sues saying attack violates Violence Against Women Act which would lead to a civil settlement, defendants claim law is unconstitutional, SC agrees that the law is unconstitutional as the VAWA is in violation of the Commerce Clause because it does not substantially affect interstate commerce, state's rights victory as it forces a criminal prosecution by the state of Virginia as opposed to a civil settlement by the federal government, Women prohibited from working more than 10 hrs a day, SC says not a violation of 14th Amendment's due process as "physical and social differences between the sexes warranted a different rule respecting labor contracts," sets precedent for using physical differences between the sexes as a basis for separate laws, Newspaper writer accuses local officials of corruption, Minnesota law allows this to be deemed a "nuisance" and therefore stopped, SC rules this violates the First Amendment freedom of the press, strengthens the court's stance against prior restraint and for freedom of the press, Ad in NYT says Martin Luther King arrested as part of a plot to destroy his civil rights advances, police commissioner in Montgomery claims this is personal defamation (libel), SC sides with NYT and protects the freedoms of speech and the press as there was no evidence of actual malice, SC subpoenas Nixon for Oval Office recordings (pertaining to Watergate), Nixon says no because of "executive privilege," SC overrides and says judicial review trumps executive privilege, Nixon forced to turn over tapes and resigns a short while later, weakens the power of the president regarding privacy and contributes directly to Nixon's resignation, executive privilege could not be used to prevent evidence in criminal hearings, Man charged with 1st degree murder, convicted of 2nd degree instead and sentenced to life in prison, appeal leads to new trial convicting of 1st degree and sentenced to death, man says double jeopardy of 5th Amendment, SC says double jeopardy NOT incorporated and allows man to be executed, highlight selective incorporation: not all rights are or can be incorporated, overruled by Benton v Maryland, Regents of the University of California v Bakke (1978), 1st case dealing with constitutionality of affirmative action, had quota system, Supreme Court says violates equal protection, race can be a factor but not the sole factor, Communications Decency Act bans "obscene or indecent" material online, ACLU says violates 1st Amendment rights, SC agrees and strikes down law for being too broad and violating 1st Amendment rights, victory for freedom of speech, Mormons in Utah sue to protect bigamy citing Free Exercise Clause of the 1st Amendment, SC upholds anti-bigamy law as bigamy was judged to be a criminal offense and the Free Exercise Clause could not make it legal, Law prohibits bankers from working more than 60 hrs/week or 10 hrs/day, bankers say violates Due Process of 14th Amendment, SC agrees and strikes down law, upholding freedom of contract and 14th Amendment, states cannot get unreasonably involved in labor laws, Swann v Charlotte-Mecklenburg Board of Education (1971), Schools in North Carolina not desegregating, can federal courts oversee and manage state desegregation, SC ruled yes giving courts much power in correcting past wrongs, 1) plans judged by effectiveness and quotas are OK to start, 2) mostly or entirely black schools required court oversight, 3) attendance zones do not have to connect, 4) no rigid guidelines about busing could be established, grants power to lower courts to help end segregation, Commie rally raided and leader arrested for "criminal syndicalism" (basically organized crime), leader (De Jonge) says law defining criminal syndicalism violates 14th Amendment's Due Process, SC strikes down Oregon law finding it too broad and in violation of 1st Amendment's freedoms of speech and assembly incorporated through the 14th Amendment, Louisiana makes near monopoly in slaughtering business and competitors say this violates 14th Amendment's Due Process and Privileges and Immunities and 13th Amendment's protection from involuntary servitude, SC says no, law not in violation, proceeds to limit Due Process and Privileges and Immunities, weakens power of 14th Amendment, rejects use of Privileges and Immunities clause for incorporation, Suing over gun bans in Illinois, claims violates 2nd Amendment rights, SC incorporates Second Amendment right to bear arms through the Due Process clause of the 14th Amendment, turns case back to district court to determine if Chicago law in violation, applies the Second Amendment to the states, Jehovah's Witnesses working in a Catholic neighborhood offend residents and are arrested for solicitation without a permit and a "breach of the peace," Cantwell claims arrest violates 1st Amendment Free Exercise and freedom of speech, SC agrees saying regulations on solicitations OK except for regulations on religious and that the religious speech was protected as it did not entail a threat of bodily harm, allows for Jehovah's Witnesses to practice as they do across the nation and strengthens 1st Amendment freedoms, Colorado court admits evidence that would be inadmissible in federal court, defendants claim this violates 4th and therefore 14th Amendments, SC rules that 14th Amendment does not limit specific parts of criminal justice and that illegally obtained evidence did not have to always be excluded, citing better ways to prevent unreasonable searches and seizures than excluding evidence, largely invalidated by Mapp v Ohio, Man subpoenaed to Michigan court, one-man grand jury hears his testimony and charges him with contempt of the court and sentences him to 60 days in jail, defendant never able to have a public trial, consult a lawyer, prepare a defense, or call witnesses, defendant says this secrecy violates Due Process of 14th Amendment, SC rules that this is unconstitutional and guarantees the right to a public trial and counsel in all cases, incorporates parts of the Sixth Amendment, 9 black teenagers accused of raping 2 white women, in one day all nine sentenced to death without being able to consult with a lawyer, defendants claim violates Due Process of the 14th Amendment, SC ruled trial unconstitutional and incorporated 6th Amendment right to counsel for capital punishment cases only, Man acquitted of larceny but convicted of burglary and sentenced, new ruling concerning the jurors made the trial unconstitutional, Benton offered retrial and accepts, in new case found guilty of both larceny and burglary, Benton claims double jeopardy, SC agrees and overturns larceny conviction, incorporates 5th Amendment's protection against double jeopardy and makes it apply to the states through the Due Process Clause of the 14th Amendment, Man arrested on gambling charges, pleads guilty but is later asked to testify about gambling, pleads the Fifth but is held in contempt of the court and arrested for refusing to testify, Malloy claims this violates his protection from self-incrimination under the 5th Amendment, SC agrees and incorporates the 5th Amendment's protection from self-incrimination through the Due Process Clause of the 14th Amendment, Man on trial for murder, after conviction court discovers bailiff had told the sequestered jury that the defendant was guilty, man claims this violates 6th Amendment rights, SC agrees and incorporates the impartial jury clause of the 6th Amendment through the Due Process Clause of the 14th Amendment, Black man convicted of murdering a police officer and sentenced to death, cites study saying blacks who kill whites are more likely to get capital punishment and says he was discriminated against, SC says that because he cannot prove he was discriminated against in his own specific trial there was no constitutional violation, so court upholds conviction, without specific evidence general discrimination cannot be assumed to affect a jury, Black man applies to University of Texas Law School, rejected because of race (this was an all-white school) and tried to create separate facility for blacks, man says violates Equal Protection Clause of the 14th Amendment, SC agrees and admits man to university, saying that the black school would have had inferior resources and inadequately prepared the man to be a lawyer, (Note: not the country Canada, this was a man's last name) black man applied to University of Missouri's law school and rejected because of race, no comparable black school in Missouri but state offered to pay tuition in nearby state, SC says this is a violation of the Equal Protection Clause of the 14th Amendment and that man should be admitted because it was the ONLY university in the state so it must accept all races, step towards Brown v Board, Black man denied admission to graduate program in Oklahoma because a law prohibited mixed schools, when forced to admit McLaurin the school isolated him and forced him to use different facilities, SC sides with McLaurin because the situation impaired his ability to learn, Due Process Clause of 14th Amendment, another step towards Brown v Board and desegregation, North Carolina redistricting results in two black majority districts one of which was connected only by an interstate, residents claim gerrymandering violated Equal Protection Clause of the 14th Amendment, SC agreed that irregularly shaped district was unconstitutional and violated Equal Protection, expands federal power in redistricting cases, Man sentenced to death for robbery and murder, claims violates 8th and therefore 14th Amendment's protection from cruel and unusual punishment, SC upholds ruling saying capital punishment is not cruel and unusual if used properly, essentially defends capital punishment's legality throughout the US, Right to Die/Euthanasia case, right to privacy includes right to refuse treatment or act through a power of attorney if incapacitated, Defendant says sodomy laws discriminate against homosexuals, Supreme Court upholds sodomy laws, saying right to sex is not guaranteed in the Constitution, this ruling was struck down by Lawrence v Texas 17 years later, Similar to Baker v Carr, this case is about redistricting, SC rules that legislative districts must have approximately equal populations, "one person, one vote," violates equal protection of 14th Amendment, sets precedent for the federal government to intervene in redistricting making it a federalism case, State of Georgia grants land to companies and then a year later voids the contract, Peck tries to sell the land to Fletcher years later, Fletcher says Peck has no right to sell the land and committed a breach of contract, SC agrees with Peck and upholds contract, says laws annulling contracts or grants are unconstitutional, establishes precedent for respecting the sanctity of legal contracts, New Hampshire tries to make private Ivy League Dartmouth College public, legislation changes the school's charter in an attempt to take over, trustees say this violates the Contract Clause, SC agrees and says the charter is contract between private parties the legislature cannot interfere, defined contract as transactions involving individual property rights, upholds independence of private schools and the sanctity of contracts, Cherokees sue state of Georgia to prevent the Trail of Tears, SC does not recognize as foreign nation and therefore says they have no standing to sue, refuses to hear case, see Worcester v Georgia, Followup to Cherokee Nation v Georgia, this case is about giving rights to Native Americans and preventing discrimination and acts such as the Trial of Tears, SC upholds sovereignty of the Cherokee tribe and says that no individual state has the power to interfere in Native American affairs, President Jackson famously refuses to enforce this and forces them to move anyway, makes federal government only capable of dealing with Native Americans and increases that group's rights and sovereignty. 1945 ) ; Jerome v. 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