| Malloy v. Hogan | ||||||
 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. | ||||||
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| Case opinions | ||||||
| Majority | Brennan | |||||
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.
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.
Contents |
See also
References
Further reading
- 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
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