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Malloy v. Hogan : ウィキペディア英語版 | Malloy v. Hogan
''Malloy v. Hogan'', 378 U.S. 1 (1964), was a case in which the Supreme Court of the United States deemed a defendant's Fifth Amendment privilege not to be compelled to be a witness against himself or herself was applicable within state courts as well as federal courts. The majority decision holds that the Fourteenth Amendment allows the federal government to enforce the first eight amendments on state governments. The test for voluntariness used by Malloy was later abrogated by Arizona v. Fulminante (1991). ==Background== Malloy, a petitioner, was sentenced to a year in jail for unlawful gambling. After 3 months he was released from jail and put on probation for two years. While he was on probation, he was asked to testify to a state inquiry into gambling and other criminal activities that Malloy was involved in. He refused to answer these questions because it could have incriminated him. The court put him back in jail until he testified.
抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Malloy v. Hogan」の詳細全文を読む
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