Skip to main content
Supreme Court· 1/29/1968

Marchetti v. United States

Citations

  • 390 U.S. 39
  • 88 S. Ct. 697
  • 19 L. Ed. 2d 889
  • 1968 U.S. LEXIS 3130
  • 43 Ohio Op. 2d 215
  • 1 C.B. 500
  • 21 A.F.T.R.2d (RIA) 539

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that self-incrimination privilege applies only when individual is “confronted by substantial and real, and not merely trifling or imaginary, hazards of incrimination”
  • holding that the privilege applies only in the face of “substantial and real, and not merely trifling or imaginary, hazards of incrimination”
  • concluding that natural-person taxpayer's invocation of the Fifth Amendment privilege barred prosecution under federal wagering tax statutes requiring taxpayers, inter alia , to register with the IRS their compliance with said statutes
  • holding that only “substantial and real” hazards of incrimination implicate the Fifth Amendment
  • concluding statutory registration requirements \may not be employed to punish criminally those persons who have defended a failure to comply with their requirements with a proper assertion of the privilege against self-incrimination\
  • noting that courts should not insert words into statutes that their drafters omitted

Source: CourtListener parenthetical corpus (CC0).

Judges: Harlan, Marshall, Brennan, Stewart, Warren

Read full opinion on CourtListener

Cited by

968 cases in this archive cite this case; the 20 most cited are listed.

Cites

35 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Marchetti v. United States

4 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.