Griffin v. California
E572467
Griffin v. California is a landmark 1965 U.S. Supreme Court decision holding that prosecutors and judges may not comment on a criminal defendant’s failure to testify, as this violates the Fifth Amendment privilege against self-incrimination.
All labels observed (1)
| Label | Occurrences |
|---|---|
| Griffin v. California canonical | 1 |
Statements (45)
| Predicate | Object |
|---|---|
| instanceOf |
United States Supreme Court case
ⓘ
landmark criminal procedure case ⓘ |
| appliesTo | state criminal prosecutions ⓘ |
| areaOfLaw |
constitutional criminal procedure
ⓘ
self-incrimination ⓘ |
| argued | 1965-01-18 ⓘ |
| citation | 380 U.S. 609 ⓘ |
| constitutionalProvisionInterpreted |
Fifth Amendment to the United States Constitution
NERFINISHED
ⓘ
Fourteenth Amendment to the United States Constitution NERFINISHED ⓘ |
| country |
United States of America
ⓘ
surface form:
United States
|
| court | Supreme Court of the United States ⓘ |
| decided | 1965-04-28 ⓘ |
| decisionDate | 1965-04-28 ⓘ |
| dissentingOpinionBy |
John M. Harlan II
NERFINISHED
ⓘ
Potter Stewart NERFINISHED ⓘ |
| effect |
Incorporates the Fifth Amendment protection against adverse comment on silence to the states
ⓘ
Prohibits adverse jury instructions based on defendant’s failure to testify ⓘ |
| fullCaseName | Griffin v. State of California NERFINISHED ⓘ |
| holding |
Comment on a defendant’s silence violates the Fifth Amendment privilege against self-incrimination as applied to the states through the Fourteenth Amendment
ⓘ
Judges may not instruct juries that they may draw adverse inferences from a defendant’s failure to testify ⓘ Prosecutors may not comment on a criminal defendant’s failure to testify at trial ⓘ |
| joinedByInMajority |
Abe Fortas
NERFINISHED
ⓘ
Arthur J. Goldberg NERFINISHED ⓘ Byron R. White NERFINISHED ⓘ Earl Warren NERFINISHED ⓘ Hugo L. Black NERFINISHED ⓘ William O. Douglas NERFINISHED ⓘ |
| jurisdiction |
United States of America
ⓘ
surface form:
United States
|
| languageOfOpinion | English ⓘ |
| legalIssue | comment on defendant’s failure to testify ⓘ |
| majorityOpinionBy | William J. Brennan Jr. NERFINISHED ⓘ |
| overruledOrLimitedStatePractice | California rule allowing comment on defendant’s failure to testify ⓘ |
| page | 609 ⓘ |
| party |
Edward Dean Griffin
NERFINISHED
ⓘ
State of California NERFINISHED ⓘ |
| precedentFor |
Carter v. Kentucky
NERFINISHED
ⓘ
Lakeside v. Oregon NERFINISHED ⓘ Mitchell v. United States NERFINISHED ⓘ |
| relatedDoctrine |
no-adverse-inference rule
ⓘ
privilege against self-incrimination ⓘ |
| reporter | United States Reports ⓘ |
| result | California conviction reversed ⓘ |
| subjectMatter | comment on defendant’s silence at trial ⓘ |
| volume | 380 ⓘ |
| yearDecided | 1965 ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.