Twining v. New Jersey

E572465

Twining v. New Jersey is a 1908 U.S. Supreme Court decision that held the Fifth Amendment privilege against self-incrimination did not apply to the states through the Fourteenth Amendment, a position later rejected by the Court.

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Statements (43)

Predicate Object
instanceOf United States Supreme Court case
criminal procedure case
areaOfLaw constitutional law
criminal procedure
citation 211 U.S. 78
constitutionalProvisionInterpreted Fifth Amendment to the United States Constitution
Fourteenth Amendment to the United States Constitution
country United States
court Supreme Court of the United States
decisionDate 1908-11-09
decisionType 5–4 decision
dissentingJustice Rufus W. Peckham
William R. Day
effect allowed states to draw adverse inferences from a defendant’s failure to testify until later overruled
fullCaseName Albert C. Twining and David C. Cornell v. State of New Jersey
holding the Fifth Amendment privilege against self-incrimination does not apply to the states through the Fourteenth Amendment
languageOfWork English
laterOverruledBy Malloy v. Hogan
Malloy v. Hogan, 378 U.S. 1 (1964)
linked to: Malloy v. Hogan
legalIssue whether the Fifth Amendment privilege against self-incrimination applies to the states through the Fourteenth Amendment
majorityJustices David J. Brewer
Edward D. White
John Marshall Harlan
linked to: John M. Harlan II

Joseph McKenna
Melville W. Fuller
Oliver Wendell Holmes Jr.
William Henry Moody
majorityOpinionBy William Henry Moody
pageInUnitedStatesReports 78
partOf incorporation case law of the United States Supreme Court
petitioner Albert C. Twining
David C. Cornell
precedentFor non-incorporation of the Fifth Amendment privilege against self-incrimination
relatedCase Malloy v. Hogan
Palko v. Connecticut
relatedDoctrine privilege against self-incrimination
selective incorporation
respondent State of New Jersey
stateInvolved New Jersey
subsequentHistory position on self-incrimination and incorporation later rejected by the Supreme Court
topic application of the Bill of Rights to the states
volumeInUnitedStatesReports 211
yearDecided 1908

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Malloy v. Hogan overruledPrecedent Twining v. New Jersey
Twining v. New Jersey fullCaseName Albert C. Twining and David C. Cornell v. State of New Jersey
linked to: Twining v. New Jersey