
Malloy v. Hogan
United States Supreme Court
378 U.S. 1 (1964)
William Malloy was arrested during a 1959 gambling raid in Hartford, Connecticut, and pleaded guilty to pool selling, a misdemeanor. He was sentenced to a year in jail and fined, but the sentence was suspended after 90 days and he was placed on probation for two years. In early 1961, Malloy was summoned to testify before a referee appointed by a Connecticut court to investigate whether crimes, including gambling, had been committed in Hartford County. He refused to answer questions about his 1959 arrest and pool-selling activities, including questions aimed at identifying his associates, on the ground that his answers might incriminate him. Adjudged in contempt and committed to prison until he answered, Malloy filed a petition for a writ of habeas corpus, which the Connecticut Supreme Court of Errors denied.
Whether the self-incrimination clause of the Fifth Amendment controls the issue of whether a confession is involuntary in state criminal trials.