Malloy v. Hogan

Malloy v. Hogan
Supreme Court of the United States
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
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
Chief Justice Earl Warren Associate Justices Hugo Black · William O. Douglas Tom C. Clark · John M. Harlan II William J. Brennan, Jr. · Potter Stewart Byron White · Arthur Goldberg
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 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.

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.

See also

• List of United States Supreme Court cases, volume 378

References

http://www.oyez.org/cases/1960-1969/1963/1963_110

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

• Full text opinion from Findlaw.com.