The Fuller Court (1888–1910)

Criminal Justice

Who was the Court’s lone dissenter in the Twining case?

Once again, Justice John Marshall Harlan was the Court’s lone dissenter. He wrote that the Fourteenth Amendment protected individuals from incriminating themselves. He wrote: “Certainly it is, that when the present government of the United States was established it was the belief of all liberty-loving men in America that real, genuine freedom could not exist in any country that recognized the power of government to compel persons accused of crimes to be witnesses against themselves.”


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