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...system of criminal prosecution," wrote Justice William Brennan, "is accusatorial, not inquisitorial, and the Fifth Amendment is its essential mainstay." With those words, Brennan last week announced the Supreme Court's decision to reverse the contempt conviction of a small-time Connecticut 52-year-old gambler named William Malloy and extend the protection of the Fifth Amendment's privilege against self-incrimination to witnesses and defendants, whatever their status, in all state courts...

Author: /time Magazine | Title: The Supreme Court: Extending the Fifth | 6/26/1964 | See Source »

When a Hartford County crime commission three years ago tried to question Malloy about his employer and finances at the time of his 1959 arrest, Malloy invoked the privilege and refused to answer any questions. He was tossed into prison for contempt after a Connecticut court, relying on more than 50 years of the Supreme Court's own rulings, declared that the federal Fifth does not apply in state courts. Malloy had been assured by Connecticut authorities that because of the state's one year statute of limitations for misdemeanors, he was not exposing himself to further state...

Author: /time Magazine | Title: The Supreme Court: Extending the Fifth | 6/26/1964 | See Source »

...FIFTH AMENDMENT. Does the Fifth Amendment's self-incrimination clause ("nor shall any person ... be compelled in any criminal case to be a witness against himself") apply to state proceedings? The question comes up squarely in the case of William Malloy, a Connecticut convict who pleaded the Fifth Amendment when a state board questioned him about gambling in which he had been involved...

Author: /time Magazine | Title: The Supreme Court: The Center of the Storm | 10/18/1963 | See Source »

...meantime, an interchange between Mulberry and Mr. Smith has proved that the stalwart businessman Harvey Smith is, in fact, the ex-convict Hank Smith, and that Mulberry Foxhall shared Hank's cell under the name of Pete Malloy. To insure that the marriage will go on, and to gain partnership in Smith's business, Mulberry threatens blackmail. By this time, it would seem that truth and justice and virtue are hopelessly ensnared in the awful net of urban business, but Osgood arrives on the scene just in time to overpower Mulberry, discover on his person the stolen jewels of Smith...

Author: NO WRITER ATTRIBUTED | Title: Melodrama | 10/11/1962 | See Source »

...core for whom the author has deep sympathy, but to whom nothing happens. In Sun he is a crippled doctor who sees the disintegration of a neighboring family. He is a novelist's device, like Fitzgerald's Nick Carraway in The Great Gatsby, the reporter Jim Malloy, O'Hara's man-on-the-sidelines in Butter field 8 and Sermons and Soda-Water. In the tighter structure of a play, he is cumbrous and distracting...

Author: /time Magazine | Title: Books: Irving Said No | 8/18/1961 | See Source »

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