Malloy v. Hogan (1963)
- Docket
- 110
- Decided
- 1963-01-01
- Category
- General
Summary
Question: Does the Fourteenth Amendment protect a state witness's Fifth Amendment guarantee against self-incrimination in a criminal proceeding? Conclusion: Yes. In a 5-to-4 opinion, the Court held that the Fifth Amendment's exception from compulsory self-incrimination is protected by the Fourteenth Amendment against abridgement by a state. When determining if state officers properly obtained a confession, one must focus on whether the statements were made freely and voluntarily without any direct or implied promised or improper influence. Noting that the American judicial system is accusatorial, not inquisitorial, the Court ruled that the Fourteenth Amendment secures defendants against self-incrimination and compels state and federal officials to establish guilt by evidence that is free and independent of a suspect's or witnesses' statements.