Case Citator › Twining v. New Jersey

Twining v. New Jersey

Is it still good law? What later courts have actually done to this case.

Overruled
Court
Supreme Court of the United States
Citation
211 U.S. 78
Decided
Confirmed treatments
1
Flagged citations read
41 of 41
Citing cases (total)
41
Treatment dates
1964
Overruled
A reviewed court has overruled this case. Twining v. New Jersey was overruled on whether the Fifth Amendment privilege against self incrimination binds the states. All 41 flagged citations have been read.
More on how this was screened

Malloy v. Hogan rejected Twining's contrary rule, as listed below. The Supreme Court later described Malloy as having overruled Twining in Lakeside v. Oregon and Carter v. Kentucky. Other opinions continued to cite Twining's separate discussion of due process and national citizenship.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

41 later cases cite Twining v. New Jersey; 41 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Twining v. New Jersey?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled in part

  • The Supreme Court held that the Fourteenth Amendment protects the Fifth Amendment privilege against compelled self incrimination in state proceedings and forbids a penalty for remaining silent, rejecting Twining's contrary holdings.

    Malloy v. Hogan · Supreme Court of the United States · filed

    The Fourteenth Amendment secures against state invasion the same privilege that the Fifth Amendment guarantees against federal infringement — the right of a person to remain silent unless he chooses to speak in the unfettered exercise of his own will, and to suffer no penalty, as held in Twining, for such silence.
    Read the full opinion on CourtListener →

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