Benton v. Maryland
Encyclopedia
Benton v. Maryland, , is a Supreme Court of the United States
decision concerning double jeopardy
. Benton ruled that the Double Jeopardy Clause of the Fifth Amendment
does apply to the states. In doing so, Benton expressly overruled Palko v. Connecticut
, .
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
which had required all jurors
to swear
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 did in fact choose 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.
was limited to consideration of two issues: "(1) Is the double jeopardy clause of the Fifth Amendment applicable to the States through the Fourteenth Amendment? and (2) If so, was the petitioner 'twice put in jeopardy' in this case?" At the second trial Benton's sentence of 15 years on the burglary count and five years for the larceny was to run concurrently, and after oral argument
, as Justice Marshall wrote in his opinion of the court, "it became clear that the existence of a concurrent sentence on the burglary count might prevent the Court from reaching the double jeopardy issue, at least if we found that any error affected only petitioner's larceny conviction. The case was scheduled for reargument, 393 U. S. 994 (1968), limited to the following additional question not included in the original writ: "Does the 'concurrent sentence doctrine,' enunciated in Hirabayashi v. United States, 320 U. S. 81, 105, and subsequent cases, have continuing validity in light of such decisions as Ginsberg v. New York
, 390 U.S. 629, 633, n. 2, Peyton v. Rowe, 391 U.S. 54, Carafas v. LaVallee, 391 U.S. 234, 237-238, and Sibron v. New York, 392 U.S. 40, 50-58?"
of the Fourteenth Amendment
incorporated the Double Jeopardy Clause of the Fifth Amendment
and so made it enforceable against the states. As a result, the Court overturned the larceny conviction. Justice Thurgood Marshall
, writing for the majority, wrote:
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
decision concerning double jeopardy
Double jeopardy
Double jeopardy is a procedural defense that forbids a defendant from being tried again on the same, or similar charges following a legitimate acquittal or conviction...
. Benton ruled that the Double Jeopardy Clause of the Fifth Amendment
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
does apply to the states. In doing so, Benton expressly overruled Palko v. Connecticut
Palko v. Connecticut
Palko v. Connecticut, , was a United States Supreme Court case concerning the incorporation of the Fifth Amendment protection against double jeopardy.-Background:...
, .
Facts of the case
John Dalmer Benton was tried on charges of larcenyLarceny
Larceny is a crime involving the wrongful acquisition of the personal property of another person. It was an offence under the common law of England and became an offence in jurisdictions which incorporated the common law of England into their own law. It has been abolished in England and Wales,...
and burglary
Burglary
Burglary is a crime, the essence of which is illicit entry into a building for the purposes of committing an offense. Usually that offense will be theft, but most jurisdictions specify others which fall within the ambit of burglary...
. He was acquitted
Acquittal
In the common law tradition, an acquittal formally certifies the accused is free from the charge of an offense, as far as the criminal law is concerned. This is so even where the prosecution is abandoned nolle prosequi...
of larceny but convicted
Conviction
In law, a conviction is the verdict that results when a court of law finds a defendant guilty of a crime.The opposite of a conviction is an acquittal . In Scotland and in the Netherlands, there can also be a verdict of "not proven", which counts as an acquittal...
of burglary
Burglary
Burglary is a crime, the essence of which is illicit entry into a building for the purposes of committing an offense. Usually that offense will be theft, but most jurisdictions specify others which fall within the ambit of burglary...
and was sentenced
Sentence (law)
In law, a sentence forms the final explicit act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...
to 10 years in prison.
Shortly after Benton's conviction, the Maryland Court of Appeals
Maryland Court of Appeals
The Court of Appeals of Maryland is the supreme court of the U.S. state of Maryland. The court, which is composed of one chief judge and six associate judges, meets in the Robert C. Murphy Courts of Appeal Building in the state capital, Annapolis...
had ruled in Schowgurow v. State that the portion of the Maryland Constitution
Maryland Constitution
The current Constitution of the State of Maryland, which was ratified by the people of the state on September 18, 1867, forms the basic law for the U.S. state of Maryland. It replaced the short-lived Maryland Constitution of 1864 and is the fourth constitution under which the state has been...
which had required all jurors
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
to swear
Oath
An oath is either a statement of fact or a promise calling upon something or someone that the oath maker considers sacred, usually God, as a witness to the binding nature of the promise or the truth of the statement of fact. To swear is to take an oath, to make a solemn vow...
their belief in the existence of God
Theism
Theism, in the broadest sense, is the belief that at least one deity exists.In a more specific sense, theism refers to a doctrine concerning the nature of a monotheistic God and God's relationship to the universe....
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 did in fact choose 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.
Case history
The case was argued December 12, 1968, reargued March 24, 1969, and decided June 23, 1969. It was reargued because the original argument for which the case was granted certiorariCertiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
was limited to consideration of two issues: "(1) Is the double jeopardy clause of the Fifth Amendment applicable to the States through the Fourteenth Amendment? and (2) If so, was the petitioner 'twice put in jeopardy' in this case?" At the second trial Benton's sentence of 15 years on the burglary count and five years for the larceny was to run concurrently, and after oral argument
Oral argument
Oral arguments are spoken presentations to a judge or appellate court by a lawyer of the legal reasons why they should prevail. Oral argument at the appellate level accompanies written briefs, which also advance the argument of each party in the legal dispute...
, as Justice Marshall wrote in his opinion of the court, "it became clear that the existence of a concurrent sentence on the burglary count might prevent the Court from reaching the double jeopardy issue, at least if we found that any error affected only petitioner's larceny conviction. The case was scheduled for reargument, 393 U. S. 994 (1968), limited to the following additional question not included in the original writ: "Does the 'concurrent sentence doctrine,' enunciated in Hirabayashi v. United States, 320 U. S. 81, 105, and subsequent cases, have continuing validity in light of such decisions as Ginsberg v. New York
Ginsberg v. New York
Ginsberg v. New York was a 1968 Supreme Court of the United States decision. The Warren Court ruled that material that is not obscene may nonetheless be harmful for children, and its marketing may be regulated.-Background:...
, 390 U.S. 629, 633, n. 2, Peyton v. Rowe, 391 U.S. 54, Carafas v. LaVallee, 391 U.S. 234, 237-238, and Sibron v. New York, 392 U.S. 40, 50-58?"
Decision of the court
The Supreme Court ruled that the second trial constituted double jeopardy. There was no protection against double jeopardy in Maryland from its state constitution, but the Court ruled that the Due Process ClauseDue process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
of the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
incorporated the Double Jeopardy Clause of the Fifth Amendment
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
and so made it enforceable against the states. As a result, the Court overturned the larceny conviction. Justice Thurgood Marshall
Thurgood Marshall
Thurgood Marshall was an Associate Justice of the United States Supreme Court, serving from October 1967 until October 1991...
, writing for the majority, wrote:
"It is clear that petitioner's larceny conviction cannot stand once federal double jeopardy standards are applied. Petitioner was acquitted of larceny in his first trial. Because he decided to appeal his burglary conviction, he is forced to suffer retrial on the larceny count as well. As this Court held in Green v. United States ... 'conditioning an appeal of one offense on a coerced surrender of a valid plea of former jeopardy on another offense exacts a forfeiture in plain conflict with the constitutional bar against double jeopardy.'"
See also
- List of United States Supreme Court cases, volume 395
- Incorporation of the Bill of Rights