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 (2)

Label Occurrences
Griffin v. California canonical 3
Griffin v. State of California 1

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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
Fourteenth Amendment to the United States Constitution
country United States
court Supreme Court of the United States
decided 1965-04-28
decisionDate 1965-04-28
dissentingOpinionBy John M. Harlan II
Potter Stewart
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
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
Arthur J. Goldberg
Byron R. White
Earl Warren
Hugo L. Black
William O. Douglas
jurisdiction United States
languageOfOpinion English
legalIssue comment on defendant’s failure to testify
majorityOpinionBy William J. Brennan Jr.
overruledOrLimitedStatePractice California rule allowing comment on defendant’s failure to testify
page 609
party Edward Dean Griffin
State of California
precedentFor Carter v. Kentucky
Lakeside v. Oregon
Mitchell v. United States
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

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Referenced by (4)

Full triples — surface form annotated when it differs from this entity's canonical label.

Malloy v. Hogan relatedCase Griffin v. California
Adamson v. California relatedCase Griffin v. California
Adamson v. California overruledInPracticeBy Griffin v. California
Griffin v. California fullCaseName Griffin v. State of California
linked to: Griffin v. California