Case Briefing on the Fifth Amendment: Double Jeopardy
Title:
Benton v. Maryland (1969)
Case Facts:
Benton was tried for burglary and larceny in a Maryland state court. The jury convicted him of burglary, but acquitted him of larceny. Benton was sentenced to ten years in prison. The grand and petit juries were selected under an invalid constitutional provision, so Benton was given the option of having a retrial. Benton demanded a retrial and requested to dismiss the larceny count due to double jeopardy. The court denied his motion and in the retrial Benton was found guilty of both charges and sentenced to fifteen years in prison.
Legal Issue:
If Benton was tried and convicted once for burglary, was he placed twice in jeopardy in the retrial?
Decision:
Yes, the retrial was in violation of the Double Jeopardy Clause and the court overturned the larceny conviction.
Reasoning:
The Supreme Court ruled the second trial was in violation of the Double Jeopardy Clause. Since there is no protection against double jeopardy in Maryland’s Constitution, the court ruled that the Double Jeopardy Clause was included in the Fourteenth Amendment under the Due Process Clause.
Conclusion:
This case is a good example of the Double Jeopardy Clause being violated. In the first trial, Benton was acquitted of larceny but in the second trial he was convicted of the same offense. This trial is not like Blueford v. Arkansas where this case was a mistrial due to the jury being unable to agree on a verdict. Benton’s trial was never declared a “mistrial,” he simply wanted a retrial because the jury was selected under an invalid constitutional provision. However, if his trial was declared a mistrial and the court tried Benton again for larceny, the court would not be in violation of the Fifth Amendment.
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