Twining v. New Jersey

Twining v. New Jersey
Supreme Court of the United States
Argued March 19–20, 1908 Decided November 9, 1908
Full case name	Albert C. Twining and David C. Cornell, plaintiffs in error v. State of New Jersey
Citations	211 U.S. 78 (more) 29 S. Ct. 14, 53 L. Ed. 97, 1908 U.S. LEXIS 1528
Holding
Fifth Amendment rights against self-incrimination apply only to federal, not state, court cases.
Court membership
Chief Justice Melville Fuller Associate Justices John M. Harlan · David J. Brewer Edward D. White · Rufus W. Peckham Joseph McKenna · Oliver W. Holmes Jr. William R. Day · William H. Moody
Case opinions
Majority	Moody, joined by Fuller, Brewer, White, Peckham, McKenna, Holmes, Day
Dissent	Harlan
Overruled by
Malloy v. Hogan, 378 U.S. 1 (1964)

Twining v. New Jersey, 211 U.S. 78 (1908), was a case of the U.S. Supreme Court. In this case, the Court established the Incorporation Doctrine by concluding that while certain rights enumerated in the Bill of Rights might apply to the states under the Fourteenth Amendment's Due Process Clause, the Fifth Amendment's right against self-incrimination is not incorporated.

The Twining decision was overturned by the decision in Malloy v. Hogan in 1964, in which the Court incorporated the right against self-incrimination.