Marchetti v. United States (1967)

Docket
2
Decided
1967-01-01
Category
General

Summary

Question: Did the federal wagering tax statutes violate the privilege against self-incrimination? Conclusion: No. In a 7-1 decision, Justice John M. Harlan wrote for the majority reversing the lower court opinion. The Supreme Court held that the registration and occupational tax provisions were constitutional, but using the related information to prosecute someone did violate privilege. Marchetti’s claim of privilege was a proper defense and should have been sufficient to avoid conviction. Justice Earl Warren wrote a dissent stating that this decision frustrates the purpose of the tax and opens the door to many other similar challenges.

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