Malloy v. Hogan
|Malloy v. Hogan|
|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.|
|Majority||Brennan, joined by Warren, Black, Goldberg, Douglas|
|Dissent||Harlan, joined by Clark|
|Dissent||White, joined by Stewart|
|5th Amendment, 14th Amendment|
|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.
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
Is a state witness's Fifth Amendment guarantee against self-incrimination protected by the Fourteenth Amendment?
Decision of the Supreme Court
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."
- McLauchlan, William P. (1966). Malloy v. Hogan and the Application of a Principle of Justice. Madison: University of Wisconsin (M.A. thesis). OCLC 53790302.
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