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Twining v. New Jersey

United States Supreme Court
211 U.S. 78 (1908)


Facts

Twining and Cornell (defendants) were charged with fraud in a state court in New Jersey (plaintiff). A New Jersey law allowed the jury to be instructed that it could draw an unfavorable inference against a defendant from his failure to testify, where it was within his power, in denial of the evidence which tended to incriminate him. Twining and Cornell were convicted and appealed. They challenged the law as an unconstitutional violation of the Fourteenth Amendment to the Constitution.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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Dissent (Harlan, J.)

The dissent section is for members only and includes a summary of the dissenting judge or justice’s opinion. To access this section, start your 7-day free trial of Quimbee for Law Students.

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