Reaffirming that the due process requirements of the Fourteenth Amendment did not include all the principles in the Bill of Rights, the Supreme Court ruled that the Fifth Amendment privilege against self-incrimination did not apply to the states.
In a criminal trial, the trial judge instructed the jury that the defendant’s refusal to testify might be considered in reaching a verdict. Found guilty, Twining claimed that the judge’s instructions were a violation of his Fifth Amendment right. The Supreme Court, however, rejected Twining’s position by an 8-1 vote. Justice William H. Moody’s
Justice William H. Moody's opinion in Twining emphasized precedents that showed states did not have to follow all Bill of Rights requirements.
Adamson v. California
Malloy v. Hogan
Self-incrimination, immunity against