Griffin v. State of California

1965

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: