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Malloy Vs. Hogan
Cites for this judgment
- US Supreme Court
- Jun 15, 1964
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U.S. 1 (1964) U.S. Supreme Court Malloy v. HoganSearch
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U.S. 1 (1964) Malloy v. HoganSearch
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or an explanation why it could not be answered might be dangerous because injurious disclosure would result. Hoffman v. UnitedSearch
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the privilege against self-incrimination is not safeguarded against state action by the Fourteenth Amendment. Twining v. NewSearch
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the view which has thus far prevailed dates from the decision in 1897 in Chicago, B. & Q. R. Co. v. ChicagoSearch
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It was on the authority of that decision that the Court said in 1908, in Twining v. NewSearch
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U. S. 530 , 259 U. S. 543 , three years later, Gitlow v. NewSearch
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Similarly, Palko v. ConnecticutSearch
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against state action, citing, 302 U.S. at 302 U. S. 324 , the statement of the Court in 1914 in Weeks v. UnitedSearch
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Powell v. AlabamaSearch
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and thus was made obligatory on the States by the Fourteenth Amendment. Gideon v. WainwrightSearch
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We discuss first the decisions which forbid the use of coerced confessions in state criminal prosecutions. Brown v. MississippiSearch
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a state criminal prosecution is tested by the same standard applied in federal prosecutions since 1897, when, in Bram v. UnitedSearch
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Hardy v. UnitedSearch
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Wan v. UnitedSearch
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Smith v. UnitedSearch
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a whip as the refusal, under certain circumstances, to allow a suspect to call his wife until he confessed. Haynes v. WashingtonSearch
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U. S. 503 . The marked shift to the federal standard in state cases began with Lisenba v. CaliforniaSearch
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Id. at 314 U. S. 241 . See Ashcraft v. TennesseeSearch
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Malinski v. NewSearch
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Spano v. NewSearch
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is accusatorial, not inquisitorial, and that the Fifth Amendment privilege is its essential mainstay. Rogers v. RichmondSearch
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penalty, as held in Twining, for such silence. This conclusion is fortified by our recent decision in Mapp v. OhioSearch
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U. S. 643 , overruling Wolf v. ColoradoSearch
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Fourteenth Amendment to make the exclusionary rule obligatory upon the States. We relied upon the great case of Boyd v. UnitedSearch
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only after years of struggle,' Bram v. UnitedSearch
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is applicable in a federal proceeding. We disagree. We have held that the guarantees of the First Amendment, Gitlow v. NewSearch
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Gremillion v. NAACPSearch
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U. S. 293 , the prohibition of unreasonable searches and seizures of the Fourth Amendment, Ker v. CaliforniaSearch
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U. S. 23 , and the right to counsel guaranteed by the Sixth Amendment, Gideon v. WainwrightSearch
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U. S. 263 , 364 U. S. 275 (dissenting opinion). If Cohen v. HurleySearch
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U. S. 117 , and Adamson v. CaliforniaSearch
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refusing to incriminate one's self, and the feared prosecution may be by either federal or state authorities. Murphy v. WaterfrontSearch
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for it has long been settled that the privilege protects witnesses in similar federal inquiries. Counselman v. HitchcockSearch
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Hoffman v. UnitedSearch
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have operated as a waiver of his privilege with reference to his relationship with a possible criminal. See Rogers v. UnitedSearch
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Singleton v. UnitedSearch
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Reversed. While MR. JUSTICE DOUGLAS joins the opinion of the Court, he also adheres to his concurrence in Gideon v. WainwrightSearch
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U.S. Supreme Court Malloy v. HoganSearch
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the Fourteenth Amendment. Twining v. NewSearch
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