What Is The Case Of Malloy V. Hogan Case Brief

The case of Malloy v. Hogan, 378 U.S. 1, is a United States Supreme Court case, which made the protections, granted under the Fifth Amendment to the Constitution, applicable to all state proceedings. The question, which arose to bring this case to light, was the question of whether or not a person could invoke his or her protections against self-incrimination, under the Fifth Amendment, during state proceedings. In 1959, the petitioner, Malloy, was arrested on a misdemeanor gambling offense in Hartford, Connecticut (Malloy v. Hogan, 1964). Malloy subsequently plead guilty to this offense, and was sentenced to a term in jail of one year, and fined. His sentence was later suspended to 90 days to serve, and two years of probation upon his release. Some 16 months after his release, while he was still on probation, Malloy was called to testify before a special referee, who had been appointed by the

This testimony was to shed light on illegal gambling actions, and other criminal offenses, which were occurring in the county (Malloy v. Hogan, 1964). As he was being questioned before the court, Malloy refused to answer questions, which concerned the activities occurring around him at the time of his arrest, due to the fact that answering said questions would be incriminating himself. The Superior Court held Malloy in contempt, and ordered that he be held in jail until such a time as he was prepared to answer the questions. Malloy sought relief by filing a writ of habeas corpus in the Superior Court, and his petition was denied by that court. Malloy then appealed to the Connecticut Supreme Court of Errors. In 150 Conn. 220, 187 A. 2d 744, The Connecticut Supreme Court of Errors held that the protection against self-incrimination under the Fifth