NCJ Number
125683
Editor(s)
L L Weinreb
Date Published
1990
Length
53 pages
Annotation
This chapter presents five edited, leading U.S. Supreme Court decisions involving interpretations of the due process clause of the U.S. Constitution.
Abstract
Palka v. Connecticut (1937) affirms the right of the prosecution to appeal a case and upon reversal to conduct a new trial without violating the double jeopardy clause of the U.S. Constitution. Adamson v. California (1947) affirms the right of the prosecution to comment upon the defendant's failure to deny prosecution evidence (exercise of the accused's right not to testify) without undermining the defendant's right against self-incrimination. Rochin v. California (1952) holds that the police use of force to extract evidence from the stomach of a suspect violated the suspect's right to due process by offending "the community's sense of fair play and decency." Griswold v. Connecticut (1965) holds that Connecticut's birth-control law unconstitutionally intruded upon the right of marital privacy. Duncan v. Louisiana (1968) holds that the State of Louisiana violated the defendant's right to due process when it refused his demand for a jury trial in a criminal case. 40 footnotes.