Malloy v. Hogan
| Malloy v. Hogan | ||||||
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 Supreme Court of the United States |
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| Argued March 5, 1964 Decided June 15, 1964 |
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| Full case name | Malloy v. Hogan, Sheriff | |||||
| Citations | 378 U.S. 1 (more)
387 U.S. 1
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| Holding | ||||||
| The Fourteenth Amendment prohibits state infringement of the privilege against self-incrimination just as the Fifth Amendment prevents the Federal Government from denying the privilege. In applying the privilege against self-incrimination, the same standards determine whether an accused's silence is justified regardless of whether it is a federal or state proceeding at which he is called to testify. | ||||||
| Court membership | ||||||
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| Case opinions | ||||||
| Majority | Brennan, joined by Warren, Black, Goldberg, Douglas | |||||
| Concurrence | Douglas | |||||
| Dissent | Harlan, joined by Clark | |||||
| Dissent | White, joined by Stewart | |||||
| Laws applied | ||||||
| 5th Amendment, 14th Amendment | ||||||
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Wikisource has original text related to this article: |
Malloy v. Hogan, 378 U.S. 1 (1964), was a case in which the Supreme Court of the United States deemed a defendant's Fifth Amendment right against self-incrimination was applicable within state courts as well as federal courts. The majority decision holds that the Fourteenth Amendment allows the federal government to enforce the first eight amendments on state governments.
Malloy, a petitioner, was sentenced to a year in jail for unlawful gambling. After 3 months he was released from jail and put on probation for two years. While he was on probation, he was asked to testify to a state inquiry into gambling and other criminal activities. He refused to answer questions relating to his previous conviction. The court put him back in jail until he testified.
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See also [edit]
References [edit]
http://www.oyez.org/cases/1960-1969/1963/1963_110
Further reading [edit]
- McLauchlan, William P. (1966). Malloy v. Hogan and the Application of a Principle of Justice. Madison: University of Wisconsin (M.A. thesis). OCLC 53790302.
External links [edit]
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