malloy hogan argued march decided june petitioner probation pleading guilty gambling misdemeanor ordered testify referee appointed state investigate gambling criminal activities refused answer questions circumstances arrest conviction ground answers might incriminate adjudged contempt committed prison answered filed application writ habeas corpus highest state denied ruled petitioner protected prosecution growing replies one question question failure explain answer incriminate negated claim protection privilege state law held fourteenth amendment prohibits state infringement privilege fifth amendment prevents federal government denying privilege applying privilege standards determine whether accused silence justified regardless whether federal state proceeding called testify privilege available witness statutory inquiry well defendant criminal prosecution petitioner claim privilege questions upheld since evident implication question setting asked response explanation answered might dangerous injurious disclosure result hoffman followed pp harold strauch argued cause filed brief petitioner john labelle state attorney connecticut argued cause respondent brief george stoughton harry hultgren assistant state attorneys melvin wulf filed brief american civil liberties union amicus curiae urging reversal briefs amici curiae urging affirmance filed stanley mosk attorney general california william james assistant attorney general gordon ringer deputy attorney general state california frank hogan edward silver richard uviller michael juviler aaron koota irving seidman national district attorneys association justice brennan delivered opinion case asked reconsider prior decisions holding privilege safeguarded state action fourteenth amendment twining new jersey adamson california petitioner arrested gambling raid hartford connecticut police pleaded guilty crime pool selling misdemeanor sentenced one year jail fined sentence ordered suspended days time placed probation two years months guilty plea petitioner ordered testify referee appointed superior hartford county conduct inquiry alleged gambling criminal activities county petitioner asked number questions related events surrounding arrest conviction refused answer question grounds may tend incriminate superior adjudged contempt committed prison willing answer questions petitioner application writ habeas corpus denied superior connecticut errors affirmed latter held fifth amendment privilege available witness state proceeding fourteenth amendment extended privilege petitioner properly invoked privilege available connecticut constitution granted certiorari reverse hold fourteenth amendment guaranteed petitioner protection fifth amendment privilege applicable federal standard connecticut errors erred holding privilege properly invoked extent fourteenth amendment prevents state invasion rights enumerated first eight amendments considered numerous cases since amendment adoption although many justices deemed amendment incorporate eight amendments view thus far prevailed dates decision chicago chicago held due process clause requires pay compensation private property taken public use authority decision said twining new jersey supra possible personal rights safeguarded first eight amendments national action may also safeguarded state action denial denial due process law hesitated past decisions according fourteenth amendment less central role preservation basic liberties contemplated framers added amendment constitutional scheme thus although late said neither fourteenth amendment provision constitution imposes upon restrictions freedom speech prudential ins cheek three years later gitlow new york initiated series decisions today hold immune state invasion every first amendment protection cherished rights mind spirit freedoms speech press religion assembly association petition redress grievances similarly palko connecticut decided suggested rights secured fourth amendment protected state action citing statement weeks fourth amendment directed individual misconduct state officials however held light later decisions taken settled fourth amendment right privacy declared enforceable due process clause fourteenth mapp ohio although held state prosecution noncapital offense appointment counsel fundamental right betts brady cf powell alabama last term decision held provision counsel criminal cases fundamental right essential fair trial thus made obligatory fourteenth amendment gideon wainwright hold today fifth amendment exception compulsory also protected fourteenth amendment abridgment decisions since twining adamson departed contrary view expressed cases discuss first decisions forbid use coerced confessions state criminal prosecutions brown mississippi first case held due process clause prohibited using accused coerced confessions brown felt impelled light twining say conclusion involve privilege compulsion torture extort confession different matter distinction soon abandoned today admissibility confession state criminal prosecution tested standard applied federal prosecutions since bram held criminal trials courts wherever question arises whether confession incompetent voluntary issue controlled portion fifth amendment constitution commanding person shall compelled criminal case witness test constitutional inquiry whether conduct state officers obtaining confession shocking whether confession free voluntary must extracted sort threats violence obtained direct implied promises however slight exertion improper influence see also hardy wan smith words person must compelled incriminate held inadmissible even confession secured mild whip refusal certain circumstances allow suspect call wife confessed haynes washington marked shift federal standard state cases began lisenba california spoke accused free choice admit deny refuse answer see ashcraft tennessee malinski new york spano new york lynumn illinois haynes washington shift reflects recognition american system criminal prosecution accusatorial inquisitorial fifth amendment privilege essential mainstay rogers richmond governments state federal thus constitutionally compelled establish guilt evidence independently freely secured may coercion prove charge accused mouth since fourteenth amendment prohibits inducing person confess sympathy falsely aroused spano new york supra like inducement far short compulsion torture haynes washington supra follows fortiori also forbids resort imprisonment compel answer questions might incriminate fourteenth amendment secures state invasion privilege fifth amendment guarantees federal infringement right person remain silent unless chooses speak unfettered exercise suffer penalty held twining silence conclusion fortified recent decision mapp ohio overruling wolf colorado held prosecution state state crime fourteenth amendment forbid admission evidence obtained unreasonable search seizure mapp held fifth amendment privilege implemented fourth amendment cases two guarantees personal security conjoined fourteenth amendment make exclusionary rule obligatory upon relied upon great case boyd decided considering fourth fifth amendments running almost held breaking house opening boxes drawers circumstances aggravation forcible compulsory extortion man testimony private papers used evidence convict crime forfeit goods within condemnation amendments said mapp find federal government fourth fifth amendments freedom unconscionable invasions privacy freedom convictions based upon coerced confessions enjoy intimate relation perpetuation principles humanity civil liberty secured years struggle bram philosophy amendment freedom complementary although dependent upon sphere influence least together assure either sphere man convicted unconstitutional evidence respondent sheriff concedes brief decisions particularly involving coerced confessions accusatorial system become fundamental part fabric society hence enforceable state urges however availability federal privilege witness state inquiry determined according less stringent standard applicable federal proceeding disagree held guarantees first amendment gitlow new york supra cantwell connecticut louisiana ex rel gremillion naacp prohibition unreasonable searches seizures fourth amendment ker california right counsel guaranteed sixth amendment gideon wainwright supra enforced fourteenth amendment according standards protect personal rights federal encroachment coerced confession cases involving policies privilege suggestion confession might considered coerced used federal state tribunal thus rejected notion fourteenth amendment applies subjective version individual guarantees bill rights ohio ex rel eaton price dissenting opinion cohen hurley adamson california supra suggest application privilege suggestion survive recognition degree twining view privilege eroded accorded privilege refusing incriminate one self feared prosecution may either federal state authorities murphy waterfront post incongruous different standards determine validity claim privilege based feared prosecution depending whether claim asserted state federal therefore standards must determine whether accused silence either federal state proceeding justified turn petitioner claim state connecticut denied protection federal privilege must considered irrelevant petitioner witness statutory inquiry defendant criminal prosecution long settled privilege protects witnesses similar federal inquiries counselman hitchcock mccarthy arndstein hoffman recently elaborated content federal standard hoffman privilege afforded extends answers support conviction likewise embraces furnish link chain evidence needed prosecute witness upon interposing claim required prove hazard compelled surrender protection privilege designed guarantee sustain privilege need evident implications question setting asked responsive answer question explanation answered might dangerous injurious disclosure result perfectly clear careful consideration circumstances case witness mistaken answer possibly tendency incriminate investigation course petitioner questioned began superior hartford county appointed honorable ernest inglis formerly chief justice connecticut conduct inquiry whether reasonable cause believe crimes including gambling committed hartford county petitioner appeared january instances asked substantially questions circumstances surrounding arrest conviction pool selling late questions petitioner refused answer may summarized follows work september selected paid counsel connection arrest date subsequent conviction selected paid bondsman paid fine name tenant apartment arrested know john bergoti connecticut errors ruled answers questions tend incriminate defenses double jeopardy running statute limitations misdemeanors defeat prosecution growing answers first five questions sixth question held petitioner failure explain revelation relationship bergoti incriminate vitiated claim protection privilege afforded state law conclusions errors tested federal standard fail take sufficient account setting questions asked interrogation part inquiry crime including gambling hartford admitted behalf state oral argument indeed obvious questions state desired elicit petitioner identity person ran operation connection arrested apparent petitioner might apprehend person still engaged unlawful activity disclosure name might furnish link chain evidence sufficient connect petitioner recent crime might still prosecuted analysis sixth question concerning whether petitioner knew john bergoti yields similar conclusion context inquiry apparent referee bergoti suspected state involved way subject matter investigation affirmative answer question might well either connected petitioner recent crime least operated waiver privilege reference relationship possible criminal see rogers conclude therefore questions evident implications question setting asked responsive answer question explanation answered might dangerous injurious disclosure result hoffman see singleton reversed footnotes ten justices supported view see gideon wainwright opinion justice douglas expressed unpersuaded view kemmler mcelvaine brush maxwell dow twining new jersey supra see spies illinois decisions particular guarantees safeguarded state action privileges immunities clause provision fourteenth amendment cruikshank prudential ins cheek first amendment presser illinois second amendment weeks fourth amendment hurtado california fifth amendment requirement grand jury indictments palko connecticut fifth amendment double jeopardy maxwell dow supra sixth amendment jury trial walker sauvinet seventh amendment jury trial kemmler supra mcelvaine brush supra vermont eighth amendment prohibition cruel unusual punishment barron baltimore pet decided adoption fourteenth amendment chief justice marshall speaking held right secured state action fifth amendment provision shall private property taken public use without compensation gitlow new york speech press lovell city griffin speech press new york times sullivan speech press staub city baxley speech grosjean american press press cantwell connecticut religion de jonge oregon assembly shelton tucker association louisiana ex rel gremillion naacp association naacp button association speech brotherhood railroad trainmen virginia ex rel virginia state bar association see wolf colorado elkins see also robinson california despite kemmler supra mcelvaine brush supra vermont supra made applicable eighth amendment ban cruel unusual punishments boyd said privilege compulsory discovery extorting party oath convict crime contrary principles free government abhorrent instincts englishman abhorrent instincts american may suit purposes despotic power abide pure atmosphere political liberty personal freedom dean griswold said believe fifth amendment period crisis expression moral striving community reflection common conscience symbol america stirs hearts fifth amendment today brief underlying decisions excluding coerced confessions implicit assumption accused privileged incriminating either jail house grand jury room witness stand public trial fundamentally inconsistent suggest opinions suggest state entirely free compel accused incriminate grand jury trial police station frank recognition fact due process clause prohibits enforcing laws compelling accused confess regardless compulsion occurs clarify principles involved confession cases assist significantly efforts comply limitations placed upon fourteenth amendment see greenberg reversing per curiam singleton reversing per curiam coffey cir cited approval emspak appeals third circuit stated determining whether witness really apprehends danger answering question judge permit skeptical rather must acutely aware deviousness crime detection incrimination may approached achieved obscure unlikely lines inquiry justice harlan justice clark joins dissenting connecticut adjudged petitioner contempt refusing answer questions state inquiry courts state whose laws embody privilege refused recognize petitioner claim privilege finding questions asked incriminatory holds contempt adjudication unconstitutional decided fourteenth amendment makes fifth amendment privilege applicable federal standard justifying claim privilege likewise applies judged standard petitioner claim privilege upheld believing reasoning behind decision carries extremely mischievous dangerous consequences federal system realm criminal law enforcement must dissent importance issue presented serious incursion makes basic constitutional principles justify full exposition reasons read opinion accepting fact rejects theory application via fourteenth amendment forms federal criminal procedure embodied within first eight amendments constitution true deals today one aspect state criminal procedure rejects wholesale incorporation federal constitutional requirements logical gap premises novel constitutional conclusion submit bridged additional premise due process clause fourteenth amendment shorthand directive pick choose among provisions first eight amendments apply chosen freighted entire accompanying body federal doctrine law enforcement accept agree proposition continuing constitutional conception fourteenth amendment due process law required development community sense justice may time lead expansion protection due process affords particular case agree principles justice due process gives expression reflected decisions prohibit state fifth amendment prohibits federal government imprisoning person solely refuses give evidence may incriminate laws state understand however process must refer always guiding standard due process law including course reference particular guarantees bill rights simple device incorporating due process without critical examination whole body law surrounds specific prohibition directed federal government consequence approach due process pertains inevitably disregard relevant differences may exist state federal criminal law enforcement ultimate result compelled uniformity inconsistent purpose federal system achieved either encroachment sovereign powers dilution federal law enforcement specific protections found bill rights ii recently reaffirmed fifth amendment privilege ante applicable cohen hurley question fully explored twining new jersey since twining decided adhered view expressed exemption compulsory courts secured part federal constitution snyder massachusetts brown mississippi palko connecticut adamson california knapp schweitzer cohen supra although none cases involved commitment prison refusing incriminate oneself state law relevantly distinguishable case narrow ground perfectly clear today regarded settled law fifth amendment privilege process reasoning apply suggests consistent line authority undermined concurrent development constitutional doctrine areas coerced confessions search seizure post facto reasoning best certainly intimation twining tacitly overruled brown mississippi supra first prohibited use coerced confession state criminal trial petitioners brown tortured confessed hardly making artificial distinction said question right state withdraw privilege involved compulsion quoted statements twining snyder supra refer processes justice accused may called witness required testify compulsion torture extort confession different matter emphasis supplied adamson supra made explicit regard increasingly strict standard determining admissibility trial confession undermining holding twining stating due process clause protect virtue mere existence accused freedom giving testimony compulsion state trials secured federal interference fifth amendment said due process clause forbids compulsion testify fear hurt torture exhaustion forbids type coercion falls within scope due process footnotes omitted plainly regarded two lines cases distinct see also palko connecticut supra effect cohen supra adhered twining decided confession cases mentions coerced confession cases relevant problem case overruled twining sub silentio rather applied standard fundamental fairness applicable recognition federal supervision state criminal procedures must directly based requirements due process entirely inconsistent theory espoused majority parallel treatment federal state cases involving coerced confessions resulted fact demand due process applicable consequence automatic engrafting federal law construing constitutional provisions inapplicable onto fourteenth amendment decision mapp ohio evidence unconstitutionally seized see wolf colorado may used state criminal trial furnishes fortification see ante today decision passage mapp opinion quotes ante makes explicit distinct bases exclusionary rule applied federal state courts find federal government fourth fifth amendments freedom unconscionable invasions privacy freedom convictions based upon coerced confessions enjoy intimate relation perpetuation principles humanity civil liberty secured years struggle bram omitted see also iii previous discussion shows decisions dictate incorporation fifth amendment privilege fourteenth amendment approaching question broadly equally plain line cases exemplified palko connecticut supra reconsidered requirements due process clause imposes light current standards furnishes general theoretical framework today view due process clause fourteenth amendment consistently accepted thus far prevailed ante requirements old principle civilized government munn illinois specific applications must ascertained gradual process judicial inclusion exclusion davidson new orleans due process requires observance general rules established system jurisprudence security private rights hagar reclamation district see hurtado california never attempted define precision words due process law sufficient say certain immutable principles justice inhere idea free government member union may disregard holden hardy possible personal rights safeguarded first eight amendments national action may also safeguarded state action denial denial due process law rights enumerated first eight amendments nature included conception due process law twining supra emphasis supplied reach different plane social moral values pass privileges immunities taken earlier articles federal bill rights brought within fourteenth amendment process absorption origin effective federal government alone fourteenth amendment absorbed process absorption source belief neither liberty justice exist sacrificed fundamental concept due process liberty thought condemnation shall rendered trial scott mcneal blackmer hearing moreover must real one sham pretense moore dempsey mooney holohan reason ignorant defendants capital case held condemned unlawfully truth though form refused aid counsel powell alabama supra pp decision turn upon fact benefit counsel guaranteed defendants provisions sixth amendment prosecuted federal decision turned upon fact particular situation laid us evidence benefit counsel essential substance hearing seen proper perspective therefore fact first amendment protections generally given equal scope federal state domains areas criminal procedure due process clause demands much bill rights demands federal government tangentially relevant question us toying constitutional principles assert rejected notion fourteenth amendment applies subjective version individual guarantees bill rights ante pp single exception ker case supra see infra consistently rejected notion bill rights applies aspect one attends areas points ante prohibitions state federal governments moved parallel tracks cases fact reveal usual approach ground prohibitions state action squarely due process without intermediate reliance first eight amendments although recently referred first amendment describe protection free expression state infringement earlier cases leave doubt references shorthand doctrines developed another route gitlow new york example said present purposes may assume freedom speech press protected first amendment abridgment congress among fundamental personal rights liberties protected due process clause fourteenth amendment impairment general principle free speech seems must taken included fourteenth amendment view scope given word liberty used although perhaps may accepted somewhat larger latitude interpretation allowed congress sweeping language governs govern laws freedom speech press fundamental rights safeguarded due process clause fourteenth amendment federal constitution right peaceable assembly right cognate free speech free press equally fundamental said cruikshank idea government republican form implies right part citizens meet peaceably consultation respect public affairs petition redress grievances first amendment federal constitution expressly guarantees right abridgment congress explicit mention argue exclusion elsewhere right one denied without violating fundamental principles liberty justice lie base civil political institutions principles fourteenth amendment embodies general terms due process clause due process law secured invasion federal government fifth amendment safeguarded state action identical words fourteenth phrase formulates concept less rigid fluid envisaged specific particular provisions bill rights application less matter rule asserted denial tested appraisal totality facts given case may one setting constitute denial fundamental fairness shocking universal sense justice may circumstances light considerations fall short denial omitted approach present case fact nothing less incorporation snatches however due process clause something reference bill rights protects rights derive fundamental principles majority purports believe contrary precedent illogical incorporate provisions bill rights one time incorporate iv undiscriminating approach due process clause carries serious implications sound working federal system field criminal law concludes almost without discussion standards must determine whether accused silence either federal state proceeding justified ante offers explanation conclusion observation incongruous different standards governed assertion privilege remain silent state federal tribunals incongruity however heart federal system powers responsibilities state federal governments congruent constitution intended thought priori matter limitations investigative power respects identical limitations investigative power federal government certainly follow fact deal constitutional requirements provisions constitution construed different pointed abbate federal system principal responsibility defining prosecuting crimes endangers allocation responsibility prevention crime applies doctrines developed context federal law enforcement without attention special problems group particular may face power deal local crime unduly restricted likely consequence shift responsibility area federal government vastly greater resources shift occurs may end serve weaken liberties fourteenth amendment safeguards bringing us closer monolithic society federalism rejects equally dangerous liberties alternative watering protections federal government embodied bill rights unduly restrict powers dissenting opinion aguilar texas post evidences danger imaginary see concurring opinion aguilar ibid rather insisting almost rote connecticut considering petitioner claim privilege required apply federal standard fulfilled responsibility due process clause inquiring whether proceedings met demands fundamental fairness due process embodies approach may satisfy see fourteenth amendment set easily applied absolutes afford unsettling doubt however truer spirit requires constantly fundamental principles time enjoins reading preferences constitution connecticut errors gave full careful consideration petitioner claim incriminate answered questions put noted decisions time antedating adoption connecticut constitution upheld privilege refuse answer incriminating questions stating federal cases treating fifth amendment privilege persuasive force interpreting constitutional provision citing hoffman particular errors described requirements assertion privilege quoting one cases witness right refuse answer question tend incriminate mere claim part evidence tend incriminate sufficient made claim necessary judge determine exercise legal discretion whether circumstances case nature evidence witness called upon give reasonable ground apprehend danger criminal liability compelled answer danger must real appreciable reference ordinary operation law ordinary course things danger imaginary unsubstantial character reference extraordinary barely possible contingency improbable reasonable man suffer influence conduct think merely remote naked possibility ordinary course law reasonable man affected suffered obstruct administration justice object law afford party called upon give evidence proceeding inter alios protection brought means evidence within penalties law convert salutary protection means abuse held mere imaginary possibility danger however remote improbable sufficient justify withholding evidence essential ends justice cockburn regina boyes mccarthy clancy bergoti nowhere described way identified either occupation actual reputed criminal record may malloy made attempt even suggest answer question whether knew bergoti possibly incriminate state record question proper malloy claim privilege made without explanation correctly overruled malloy chose keep door tightly closed deny smallest glimpse danger apprehended complain see none pillo malloy confounds vague improbable possibilities prosecution reasonably appreciable ones claims like always possible work finespun improbable theory outside chance prosecution envisioned claims enough support claim privilege least witness suggests rational explanation fears incrimination questions circumstances suggest none context inquiry apparent referee bergoti suspected state involved way subject matter investigation affirmative answer question might well either connected petitioner recent crime least operated waiver privilege reference relationship possible criminal ante pp interrogation part inquiry crime including gambling hartford admitted behalf state oral argument indeed obvious questions state desired elicit petitioner identity person ran operation connection arrested apparent petitioner might apprehend person still engaged unlawful activity disclosure name might furnish link chain evidence sufficient connect petitioner recent crime might still prosecuted omitted ante affirm precise question heretofore decided twining new jersey cases followed see infra involved issues precisely similar although stated broadly individual required incriminate state proceedings cohen hurley context statements made state case recognized right remain silent twining supra primary authority noted union time time varying form uniform meaning included privilege constitutions except new jersey iowa held part existing law believe coerced confession cases furnish basis incorporating fifth amendment fourteenth see infra pp seems carry implication coercion incriminate oneself even forms law cf brown mississippi discussed infra pp inconsistent due process since every state already recognizes privilege defined see viii wigmore evidence mcnaughton rev effect including privilege due process create possibility federal question decided due process clause raised state refusal accept claim privilege see note supra nothing opinion brown supports intimation ante twining books reversal convictions based fifth amendment made plain brown regarded trial use confession extracted torture par domination trial mob see moore dempsey trial mere pretense conviction state properly review claim right protected fourteenth amendment denied question whether record found disclose infraction one specific provisions first eight amendments come concretely present case question whether record permits finding tenuous process psychological assumptions reasoning malinski means confession forced defiance fifth amendment exact question whether criminal proceedings resulted conviction deprived due process law constitutionally entitled guilt determined malinski supra opinion frankfurter adamson palko supra adhered rule announced twining supra cited cases relied majority show twining gradually eroded notes cf majority dissenting opinions aguilar texas post justice white justice stewart joins dissenting fifth amendment safeguards important complex values difficult perceive values served holding privilege properly invoked case purporting apply prevailing federal standard incrimination standard incrimination connecticut courts applied stated witness invocation privilege question automatically without accepted deference prefer rule permitting judge rather witness determine answer sought incriminating established rule witness claim privilege final privilege qualifies citizen general duty disclosure answers subject danger criminal law privilege evidentiary privilege protect silence solely expression political protest desire inform fear social obloquy economic disadvantage fear prosecution future crimes smith brown walker general duty testify subpoenaed remain privilege retained protection compelled incriminating answers trial judge must permitted make meaningful determination answers tend incriminate see queen boyes mason think today decision permits determination answers furnish lead evidence needed prosecute convict claimant crime clue evidence compelled protection must confined instances witness reasonable cause apprehend danger direct answer hoffman mason course witness required disclose much danger render privilege nugatory justify flat rule inquiry automatic acceptance claim privilege determining whether witness reasonable apprehension test federal courts judge decide circumstances case knowledge matters surrounding inquiry nature evidence demanded witness hoffman mason cf rogers rule seeks achieves workable accommodation obviously important competing interests chief justice marshall said principle entitles testimony every citizen principle every witness privileged accuse neither entirely disregarded question propounded belongs consider decide whether direct answer implicate witness willie fed cas retain rule apply present form test malloy refusals answer questions put clearly privileged ii november malloy arrested gambling raid hartford convicted pool selling offense defined occupying keeping building containing gambling apparatus jail term sentence suspended malloy placed probation two years early malloy summoned appear investigation whether crimes including gambling committed hartford county asked various questions obviously solely designed ascertain malloy associates connection activities hartford malloy initially refused answer virtually questions put including innocuous ones whether william malloy arrested convicted pool selling advised consult counsel declined answer one following questions ground tend incriminate september arrested asylum street arrest convicted superior november working september arrested arrest convicted superior november furnished money pay fine convicted superior arrest september arrest convicted november selected bondsman result arrest september arrest convicted november furnished money pay fine know whose apartment arrested september know john bergoti ask malloy misunderstanding want know arrested september asylum street hartford arrest convicted superior november working wholly innocuous questions face clearly light finding malloy told immune prosecution activities connecticut errors found state bore burden proving statute limitations barred prosecution type violation state statute malloy advanced claim connecticut courts perhaps prosecuted conspiracy statute limitations felony five years connecticut courts unable find state statute malloy gambling activities hartford subject inquiry violated malloy yet pointed one beyond malloy declined offer explanation hint answers sought incriminated circumstances wholly speculative find questions others malloy posed substantial hazard criminal prosecution malloy theoretically unknown perhaps possible conditions fact potentially incriminating rule obviously reason judge rather witness pass claim privilege privilege becomes general one answering distasteful questions finds questions incriminating petitioner might apprehend associates still engaged unlawful activity disclosure names might furnish link chain evidence sufficient connect petitioner recent crime might still prosecuted ante assumption necessary reasoning persons committed misdemeanor continuously engaged crime another way making claim privilege automatic unrealistic generally peculiarly inappropriate case unlike cases relied like hoffman supra claimant known involved rackets area subject inquiry broadly published police record malloy record felon engaged unlawful activity pool selling misdemeanor given suspended sentence probation since time probation time inquiry unlike hoffman nothing questions indicates petitioner called suspected criminal activities support record cynical assumption committed criminal acts release even assumption persons convicted misdemeanor necessarily suspect criminals sustaining privilege circumstances unwarranted malloy placed reliance theory courts order allow judge passing claim understand answers sought incriminating least require claimant state grounds asserting privilege questions seemingly irrelevant incriminating matters adherence federal standard incrimination stated mason hoffman supra form content eroded application hardly auspicious beginning application privilege well stated closely analogous situation continue rule honored lip service healthy thing long run disservice federal system gideon wainwright harlan concurring affirm