| Malloy v. Hogan | |
|---|---|
 | |
| Argued March 5, 1964 Decided June 15, 1964 | |
| Full case name | Malloy v. Hogan, Sheriff |
| Citations | 378 U.S. 1 (more) 84 S. Ct. 1489; 12 L. Ed. 2d 653 |
| Case history | |
| Prior | 150 Conn. 220, 187 A.2d 744 (1963) |
| 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 | |
| |
| Case opinions | |
| Majority | Brennan, joined by Warren, Black, Douglas, Goldberg |
| Concurrence | Douglas |
| Dissent | Harlan, joined by Clark |
| Dissent | White, joined by Stewart |
| Laws applied | |
| U.S. Const. amends. V, XIV | |
This case overturned a previous ruling or rulings | |
| Twining v. New Jersey, Adamson v. California | |
Abrogated by | |
| Arizona v. Fulminante | |
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 defendants' Fifth Amendment privilege not to be compelled to be witnesses against themselves was applicable within state courts as well as federal courts, overruling the decision in Twining v. New Jersey (1908). 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 in the Malloy decision was later abrogated by Arizona v. Fulminante (1991).