Malloy v. Hogan

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Malloy v. Hogan
Seal of the United States Supreme Court.svg
Argued March 5, 1964
Decided June 15, 1964
Full case name Malloy v. Hogan, Sheriff
Citations 378 U.S. 1 (more)
387 U.S. 1
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
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

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 privilege not to be compelled to be a witness against himself or herself 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.

The test for voluntariness used by Malloy was later abrogated by Arizona v. Fulminante (1991).


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 that Malloy was involved in. He refused to answer these questions because it could have incriminated him. The court put him back in jail until he testified.

Question before the Court[edit]

Is a state witness's Fifth Amendment guarantee against self-incrimination protected by the Fourteenth Amendment?

Decision of the Supreme Court[edit]

In a 5 to 4 decision, Justice Brennan wrote the majority of the court in support of William Malloy. The court noted that "the American judicial system is accusatorial, not inquisitorial" and the Fourteenth Amendment protects a witness against self-incrimination. Therefore both state and federal officials must "establish guilt by evidence that is free and independent of a suspect's or witnesses' statements."[1][2]

See also[edit]


  1. ^ "Malloy v. Hogan - 378 U.S. 1 (1964)". Oyez: Chicago-Kent College of Law. Retrieved 25 November 2013. 
  2. ^ "Malloy v. Hogan - 378 U.S. 1 (1964)". Justia: US Supreme Court Center. Retrieved 25 November 2013. 

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]