The Incorporation Doctrine: A Deep Dive into Malloy v. Hogan
Certain major decisions in the field of American constitutional law set the groundwork for important rights and protections, with their ramifications echoing for decades. The trajectory of American constitutional law is punctuated by several landmark decisions, each shaping the nation's understanding and interpretation of its founding document. Malloy v. Hogan is a lesser-known yet profoundly impactful case addressing the Fifth Amendment's self-incrimination clause. This case stands as a prime example of how rights previously deemed relevant only at the federal level were deemed applicable to states, illuminating the broader theme of the incorporation doctrine.
Background information
Thomas Malloy's predicament began with a conviction for gambling in Connecticut. Subsequent to this, when called upon to testify about related illegal gambling activities, he invoked his right against self-incrimination. When penalized with a contempt of court and jail sentence for his refusal, Malloy challenged the decision. He posited that the Fifth Amendment's protection against self-incrimination should shield him from such reprisals, even in state courts.
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Thomas Malloy, who had been found guilty of gambling in Connecticut, was subsequently called to provide testimony on the illicit gambling enterprise. He was convicted in contempt and given a prison term for refusing to comply on the grounds that the Fifth Amendment's prohibition against self-incrimination applied. Malloy's defense was simple: He thought state instances like his own were covered by the Fifth Amendment's prohibitions on self-incrimination.
The Supreme Court decided in Malloy's favor by a vote of 5 to. The Fifth Amendment's prohibition on self-incrimination was deemed a basic right by the Court, which was chaired by Justice Brennan and was extended to the states by the Fourteenth Amendment. Malloy v. Hogan was not just about the specific right against self-incrimination. Its broader significance lay in bolstering the concept of selective incorporation, emphasizing that rights deemed "fundamental" were universally applicable across the U.S., regardless of state-specific interpretations or statutes. They shouldn't be left exposed to possible state violations as a result.
Consequences
Malloy v. Hogan was important for a number of reasons. Not only did it broaden the application of the Fifth Amendment, but it also strengthened the idea of selective incorporation. The decision stressed that when rights are regarded as "fundamental," they cross state lines and hold true evenly throughout the nation.
Conclusion:
The Malloy v. Hogan ruling provides evidence of how the Constitution and its interpretation are always changing. The Supreme Court strengthened the consistency of basic safeguards throughout the country by assuring that the prohibition on self-incrimination applied to all Americans and was not merely a privilege for those who were being prosecuted in federal courts. The decision is known today for more than simply its contribution to Fifth Amendment law; it also marks a significant milestone in the larger effort to guarantee that all Americans, no matter where they reside, may depend on the same fundamental rights and safeguards.
References:
- 378 U.S. 1 Malloy v. Hogan (1964).
- A. R. Amar, 1992. The creation and reconstruction of the Bill of Rights. Press of Yale University.
- Edward Chemerinsky (2014). Guidelines and Principles of Constitutional Law. Wolters Kluwer Business & Law.
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The Incorporation Doctrine: A Deep Dive into Malloy v. Hogan. (2023, Aug 22). Retrieved from https://phdessay.com/the-incorporation-doctrine-a-deep-dive-into-malloy-v-hogan/
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