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Malloy Vs. Hogan

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  • US Supreme Court
  • Jun 15, 1964

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  3. Mapp Vs. Ohio US Supreme Court · Jun 19, 1961
  4. Betts Vs. Brady US Supreme Court · Jun 01, 1942
  5. Lynumn Vs. Illinois US Supreme Court · Mar 25, 1963
  6. Haynes Vs. Washington US Supreme Court · May 27, 1963
  7. Cantwell Vs. Connecticut US Supreme Court · May 20, 1940
  8. Wolf Vs. Colorado US Supreme Court · Jun 27, 1949
  9. Counselman Vs. Hitchcock US Supreme Court · Jan 11, 1892
  10. Cohen Vs. Hurley US Supreme Court · Apr 24, 1961
  11. U.S. 1 (1964) U.S. Supreme Court Malloy v. Hogan
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  12. U.S. 1 (1964) Malloy v. Hogan
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  13. or an explanation why it could not be answered might be dangerous because injurious disclosure would result. Hoffman v. United
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  14. the privilege against self-incrimination is not safeguarded against state action by the Fourteenth Amendment. Twining v. New
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  15. the view which has thus far prevailed dates from the decision in 1897 in Chicago, B. & Q. R. Co. v. Chicago
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  16. It was on the authority of that decision that the Court said in 1908, in Twining v. New
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  17. U. S. 530 , 259 U. S. 543 , three years later, Gitlow v. New
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  18. Similarly, Palko v. Connecticut
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  19. against state action, citing, 302 U.S. at 302 U. S. 324 , the statement of the Court in 1914 in Weeks v. United
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  20. Powell v. Alabama
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  21. and thus was made obligatory on the States by the Fourteenth Amendment. Gideon v. Wainwright
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  22. We discuss first the decisions which forbid the use of coerced confessions in state criminal prosecutions. Brown v. Mississippi
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  23. a state criminal prosecution is tested by the same standard applied in federal prosecutions since 1897, when, in Bram v. United
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  24. Hardy v. United
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  25. Wan v. United
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  26. Smith v. United
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  27. a whip as the refusal, under certain circumstances, to allow a suspect to call his wife until he confessed. Haynes v. Washington
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  28. U. S. 503 . The marked shift to the federal standard in state cases began with Lisenba v. California
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  29. Id. at 314 U. S. 241 . See Ashcraft v. Tennessee
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  30. Malinski v. New
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  31. Spano v. New
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  32. is accusatorial, not inquisitorial, and that the Fifth Amendment privilege is its essential mainstay. Rogers v. Richmond
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  33. penalty, as held in Twining, for such silence. This conclusion is fortified by our recent decision in Mapp v. Ohio
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  34. U. S. 643 , overruling Wolf v. Colorado
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  35. Fourteenth Amendment to make the exclusionary rule obligatory upon the States. We relied upon the great case of Boyd v. United
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  36. only after years of struggle,' Bram v. United
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  37. is applicable in a federal proceeding. We disagree. We have held that the guarantees of the First Amendment, Gitlow v. New
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  38. Gremillion v. NAACP
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  39. U. S. 293 , the prohibition of unreasonable searches and seizures of the Fourth Amendment, Ker v. California
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  40. U. S. 23 , and the right to counsel guaranteed by the Sixth Amendment, Gideon v. Wainwright
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  41. U. S. 263 , 364 U. S. 275 (dissenting opinion). If Cohen v. Hurley
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  42. U. S. 117 , and Adamson v. California
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  43. refusing to incriminate one's self, and the feared prosecution may be by either federal or state authorities. Murphy v. Waterfront
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  44. for it has long been settled that the privilege protects witnesses in similar federal inquiries. Counselman v. Hitchcock
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  45. Hoffman v. United
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  46. have operated as a waiver of his privilege with reference to his relationship with a possible criminal. See Rogers v. United
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  47. Singleton v. United
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  48. Reversed. While MR. JUSTICE DOUGLAS joins the opinion of the Court, he also adheres to his concurrence in Gideon v. Wainwright
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  49. U.S. Supreme Court Malloy v. Hogan
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  50. the Fourteenth Amendment. Twining v. New
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