Twining v. New Jersey
Encyclopedia
Twining v. New Jersey, 211 U.S. 78
(1908), presented an early standard of the Supreme Court's Incorporation Doctrine by establishing that while certain rights enumerated in the Bill of Rights might apply to the states under the 14th amendment's due process clause, the 5th amendment's right against self-incrimination is not so incorporated. The court overturned this decision in Malloy v. Hogan
in 1964 by incorporating the right against self-incrimination.
protection and refused to testify during their trial. The jury was told of the men's refusal to testify, and the men were convicted. They appealed, arguing that the instructions to the jury violated their 5th Amendment
privilege to not incriminate themselves.
right against self-incrimination was valid during trials by state courts and not just federal courts. Before the adoption of the 14th Amendment
, the Bill of Rights
, including the 5th Amendment, did not apply to state courts. The Court did not reach the question of whether the defendants' Fifth Amendment rights were actually violated in the original trial.
The majority opinion was delivered by Justice Moody
. Justice Harlan
was the lone dissenter. Moody considers both the Privileges or Immunities clause and the Due Process clause of the 14th amendment: "The general question, therefore, is whether such a law violates the Fourteenth Amendment either by abridging the privileges or immunities of citizens of the United States or by depriving persons of their life, liberty or property without due process of law." (Twining v. New Jersey: 211 U.S. 78, 91).
rights to not self incriminate applied only to federal court cases.
writes:
The court concluded that exemption from self-incrimination was not necessary for a conception of due process.
was the lone dissenter, writing firstly that the Court should have first decided whether the defendants' rights were actually violated before reaching the "question of vast moment, one of such transcendent importance" of whether the Fifth Amendment applied to State courts; and secondly that the Fifth Amendment did apply to State courts through the Due Process Clause of the Fourteenth Amendment
.
(1947), in which the merits of Twining were of central consideration. Concurring with the majority, Justice Frankfurter wrote
However, Justice Hugo Black
disagreed and attacked Twining for giving too much power to the courts. In his famous dissent to Adamson, he wrote:
(1964), which incorporated the 5th amendment right against self-incrimination.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1908), presented an early standard of the Supreme Court's Incorporation Doctrine by establishing that while certain rights enumerated in the Bill of Rights might apply to the states under the 14th amendment's due process clause, the 5th amendment's right against self-incrimination is not so incorporated. The court overturned this decision in Malloy v. Hogan
Malloy v. Hogan
Malloy v. Hogan, 378 U.S. 1 , was a case in which the Supreme Court of the United States deemed a defendant's Fifth Amendment right against self-incrimination was applicable within state courts as well as federal courts...
in 1964 by incorporating the right against self-incrimination.
Facts of the Case
The case involved two men charged with fraud in New Jersey who claimed 5th AmendmentFifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
protection and refused to testify during their trial. The jury was told of the men's refusal to testify, and the men were convicted. They appealed, arguing that the instructions to the jury violated their 5th Amendment
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
privilege to not incriminate themselves.
Opinion of the Court
The Supreme Court used the case to decide if the 5th AmendmentFifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
right against self-incrimination was valid during trials by state courts and not just federal courts. Before the adoption of the 14th Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
, the Bill of Rights
Bill of rights
A bill of rights is a list of the most important rights of the citizens of a country. The purpose of these bills is to protect those rights against infringement. The term "bill of rights" originates from England, where it referred to the Bill of Rights 1689. Bills of rights may be entrenched or...
, including the 5th Amendment, did not apply to state courts. The Court did not reach the question of whether the defendants' Fifth Amendment rights were actually violated in the original trial.
The majority opinion was delivered by Justice Moody
William Henry Moody
William Henry Moody was an American politician and jurist, who held positions in all three branches of the Government of the United States.-Biography:...
. Justice Harlan
John Marshall Harlan
John Marshall Harlan was a Kentucky lawyer and politician who served as an associate justice on the Supreme Court. He is most notable as the lone dissenter in the Civil Rights Cases , and Plessy v...
was the lone dissenter. Moody considers both the Privileges or Immunities clause and the Due Process clause of the 14th amendment: "The general question, therefore, is whether such a law violates the Fourteenth Amendment either by abridging the privileges or immunities of citizens of the United States or by depriving persons of their life, liberty or property without due process of law." (Twining v. New Jersey: 211 U.S. 78, 91).
Privileges or Immunities
The court cited the decision in the Slaughter-house cases that the language in the 14th Amendment, "No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States...", did not curtail state power. The Supreme Court voted 8 to 1 that the 5th AmendmentFifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
rights to not self incriminate applied only to federal court cases.
Selective Incorporation under the Due Process Clause
This case provides an early explanation of the Doctrine of Selective incorporation, in which some but not all of the Bill of Rights is applied to the states by incorporating into the 14th Amendment's due process clause. In the opinion, Justice MoodyWilliam Henry Moody
William Henry Moody was an American politician and jurist, who held positions in all three branches of the Government of the United States.-Biography:...
writes:
The court concluded that exemption from self-incrimination was not necessary for a conception of due process.
Dissent
John Marshall HarlanJohn Marshall Harlan
John Marshall Harlan was a Kentucky lawyer and politician who served as an associate justice on the Supreme Court. He is most notable as the lone dissenter in the Civil Rights Cases , and Plessy v...
was the lone dissenter, writing firstly that the Court should have first decided whether the defendants' rights were actually violated before reaching the "question of vast moment, one of such transcendent importance" of whether the Fifth Amendment applied to State courts; and secondly that the Fifth Amendment did apply to State courts through the Due Process Clause of the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
.
Upheld in Adamson v. California
The Twining decision was revisited and upheld in Adamson v. CaliforniaAdamson v. California
Adamson v. California, 332 U.S. 46 was a United States Supreme Court case regarding the incorporation of the Fifth Amendment of the Bill of Rights. Its decision is part of a long line of cases that eventually led to the Selective Incorporation Doctrine.-Background:In Adamson v...
(1947), in which the merits of Twining were of central consideration. Concurring with the majority, Justice Frankfurter wrote
However, Justice Hugo Black
Hugo Black
Hugo Lafayette Black was an American politician and jurist. A member of the Democratic Party, Black represented Alabama in the United States Senate from 1927 to 1937, and served as an Associate Justice of the Supreme Court of the United States from 1937 to 1971. Black was nominated to the Supreme...
disagreed and attacked Twining for giving too much power to the courts. In his famous dissent to Adamson, he wrote:
Overturned in Malloy v. Hogan
Twining was revisited once again and finally overturned in Malloy v. HoganMalloy v. Hogan
Malloy v. Hogan, 378 U.S. 1 , was a case in which the Supreme Court of the United States deemed a defendant's Fifth Amendment right against self-incrimination was applicable within state courts as well as federal courts...
(1964), which incorporated the 5th amendment right against self-incrimination.