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Benton v. Maryland

Significance, Double Jeopardy


John Dalmer Benton


State of Maryland

Petitioner's Claim

That his conviction and sentencing for burglary and larceny, accomplished in two state court trials after the initial verdict was thrown out due to jury invalidation, was in violation of his constitutional protection from double jeopardy (being tried more than once for the same offense).

Chief Lawyer for Petitioner

M. Michael Cramer

Chief Lawyer for Respondent

Francis B. Burch

Justices for the Court

Hugo Lafayette Black, William J. Brennan, Jr., Warren E. Burger, William O. Douglas, Abe Fortas, Thurgood Marshall (writing for the Court), Byron R. White

Justices Dissenting

John Marshall Harlan II, Potter Stewart


Washington, D.C.

Date of Decision

23 June 1969


That the second trial did violate Benton's right to freedom from double jeopardy, and that portions of his second conviction could not stand.

Related Cases

  • Palko v. Connecticut, 302 U.S. 319 (1937).
  • Duncan v. Louisiana, 391 U.S. 145 (1968).


West's Encyclopedia of American Law. Minneapolis, MN: West, 1998.

Further Readings

  • Holmes, Burnham. The Fifth Amendment. Englewood Cliffs, NJ: Silver Burdett Press, 1991.
  • Israel, Jerold H. Criminal Procedure and the Constitution. St. Paul, MN: West Publishing Co., 1996.

Additional topics

Law Library - American Law and Legal InformationNotable Trials and Court Cases - 1963 to 1972