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 (2)

How this entity was disambiguated

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 ⓘ

How these facts were elicited

Referenced by (2)

Full triples — surface form annotated when it differs from this entity's canonical label.

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