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.
All labels observed (1)
| Label | Occurrences |
|---|---|
| Twining v. New Jersey canonical | 1 |
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
NERFINISHED
ⓘ
Fourteenth Amendment to the United States Constitution NERFINISHED ⓘ |
| country |
United States of America
ⓘ
surface form:
United States
|
| court | Supreme Court of the United States ⓘ |
| decisionDate | 1908-11-09 ⓘ |
| decisionType | 5–4 decision ⓘ |
| dissentingJustice |
Rufus W. Peckham
NERFINISHED
ⓘ
William R. Day NERFINISHED ⓘ |
| 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 NERFINISHED ⓘ |
| holding | the Fifth Amendment privilege against self-incrimination does not apply to the states through the Fourteenth Amendment ⓘ |
| languageOfWork | English ⓘ |
| laterOverruledBy |
Malloy v. Hogan
NERFINISHED
ⓘ
Malloy v. Hogan, 378 U.S. 1 (1964) NERFINISHED ⓘ |
| legalIssue | whether the Fifth Amendment privilege against self-incrimination applies to the states through the Fourteenth Amendment ⓘ |
| majorityJustices |
David J. Brewer
NERFINISHED
ⓘ
Edward D. White NERFINISHED ⓘ John Marshall Harlan NERFINISHED ⓘ Joseph McKenna NERFINISHED ⓘ Melville W. Fuller NERFINISHED ⓘ Oliver Wendell Holmes Jr. NERFINISHED ⓘ William Henry Moody NERFINISHED ⓘ |
| majorityOpinionBy | William Henry Moody NERFINISHED ⓘ |
| pageInUnitedStatesReports | 78 ⓘ |
| partOf | incorporation case law of the United States Supreme Court ⓘ |
| petitioner |
Albert C. Twining
NERFINISHED
ⓘ
David C. Cornell NERFINISHED ⓘ |
| precedentFor | non-incorporation of the Fifth Amendment privilege against self-incrimination ⓘ |
| relatedCase |
Malloy v. Hogan
NERFINISHED
ⓘ
Palko v. Connecticut NERFINISHED ⓘ |
| relatedDoctrine |
privilege against self-incrimination
ⓘ
selective incorporation ⓘ |
| respondent | State of New Jersey NERFINISHED ⓘ |
| stateInvolved | New Jersey NERFINISHED ⓘ |
| 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 ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.