| Court: | US Supreme Court |
| Facts: | Griffin was accused of killing a woman. At trial, the prosecutor suggested that his failure to testify in his own defense was suggestive of guilt. |
| Posture: | Convicted at trial, sentenced to death. Affirmed by CA SC. Appealed. |
| Issue: | Did the prosecutor's commentary on the failure to testify violate 5A protections? |
| Holding: | Yes. |
| Rule: | 5A prohibits the government from comment by the prosecution, or instruction by the court, that silence is evidence of guilt. |
| Reasoning: | It wouldn't be much of a protection at all, if it could be used against you. |
| Dicta: | |