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. |
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Dicta: |
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