griffin
california
argued
march
decided
april
comment
jury
prosecutor
state
criminal
trial
upon
defendant
failure
testify
matters
reasonably
expected
deny
explain
facts
within
knowledge
defendant
silence
circumstances
evidences
guilt
violates
clause
fifth
amendment
federal
constitution
made
applicable
fourteenth
malloy
hogan
pp
cal
reversed
morris
lavine
argued
cause
filed
briefs
petitioner
albert
harris
deputy
attorney
general
california
argued
cause
respondent
brief
thomas
lynch
attorney
general
arlo
smith
chief
assistant
attorney
general
derald
granberg
deputy
attorney
general
justice
douglas
delivered
opinion
petitioner
convicted
murder
first
degree
jury
trial
california
testify
trial
issue
guilt
though
testify
separate
trial
issue
penalty
trial
instructed
jury
issue
guilt
stating
defendant
constitutional
right
testify
told
jury
evidence
facts
defendant
reasonably
expected
deny
explain
facts
within
knowledge
testify
though
testify
fails
deny
explain
evidence
jury
may
take
failure
consideration
tending
indicate
truth
evidence
indicating
among
inferences
may
reasonably
drawn
therefrom
unfavorable
defendant
probable
petitioner
seen
deceased
evening
death
evidence
placing
alley
body
found
prosecutor
made
much
failure
petitioner
testify
defendant
certainly
knows
whether
essie
mae
beat
appearance
time
left
apartment
went
alley
kind
man
want
sex
woman
beat
beat
time
left
know
know
got
alley
know
blood
got
bottom
concrete
steps
know
long
box
know
wig
got
know
whether
beat
mistreated
know
whether
walked
away
place
cool
cucumber
saw
villasenor
conscious
guilt
wanted
get
away
damaged
injured
woman
things
seen
fit
take
stand
deny
explain
whole
world
anybody
know
defendant
know
essie
mae
dead
ca
tell
side
story
defendant
wo
federal
trial
reversible
error
committed
wilson
holds
said
however
wilson
decision
rested
fifth
amendment
act
congress
indeed
fact
opinion
wilson
case
see
adamson
california
bruno
beginning
end
inquiry
question
remains
whether
statute
comment
rule
approved
california
violates
fifth
amendment
think
substance
rule
evidence
allows
state
privilege
tendering
jury
consideration
failure
accused
testify
formal
offer
proof
made
situations
prosecutor
comment
acquiescence
equivalent
offer
evidence
acceptance
wilson
case
stated
act
framed
due
regard
also
might
prefer
rely
upon
presumption
innocence
law
gives
every
one
wish
witnesses
every
one
safely
venture
witness
stand
though
entirely
innocent
charge
excessive
timidity
nervousness
facing
others
attempting
explain
transactions
suspicious
character
offences
charged
often
confuse
embarrass
degree
increase
rather
remove
prejudices
every
one
however
honest
therefore
willingly
placed
witness
stand
statute
tenderness
weakness
causes
mentioned
might
refuse
ask
witness
particularly
may
degree
compromised
association
others
declares
failure
defendant
criminal
action
request
witness
shall
create
presumption
defendant
contends
reason
defendant
refuses
testify
prior
convictions
introduced
evidence
impeach
cal
code
civ
proc
unable
deny
accusations
true
defendant
might
fear
prior
convictions
prejudice
jury
therefore
another
possible
inference
drawn
refusal
take
stand
reversed
footnotes
article
california
constitution
provides
part
criminal
case
whether
defendant
testifies
failure
explain
deny
testimony
evidence
facts
case
may
commented
upon
counsel
may
considered
jury
california
later
held
people
modesto
cal
comment
rule
squared
malloy
hogan
overwhelming
consensus
however
opposed
allowing
comment
defendant
failure
testify
legislatures
courts
recognized
comment
light
privilege
unwarrantable
line
argument
state
howard
see
wigmore
evidence
mcnaughton
rev
ed
six
permit
comment
two
california
ohio
give
permission
means
explicit
constitutional
qualification
privilege
cal
art
ohio
art
new
jersey
permits
comment
state
corby
cf
state
garvin
constitution
contains
provision
embodying
privilege
see
laba
newark
bd
state
white
absence
express
constitutional
privilege
also
puts
iowa
among
six
see
state
ferguson
iowa
connecticut
permits
comment
judge
prosecutor
state
heno
new
mexico
permits
comment
prosecutor
holds
accused
entitled
instruction
jury
shall
indulge
presumption
accused
failure
testify
stat
ann
state
sandoval
section
reads
follows
trial
persons
charged
commission
offenses
proceedings
courts
martial
courts
inquiry
state
district
possession
territory
person
charged
shall
request
competent
witness
failure
make
request
shall
create
presumption
june
stat
legislative
history
shows
designed
inter
alia
bar
counsel
prosecution
commenting
defendant
refusal
testify
frye
maine
spokesman
bill
said
law
massachusetts
propose
adopt
law
cong
rec
reference
mass
stat
mass
laws
cl
third
almost
identical
see
also
commonwealth
harlow
mass
commonwealth
scott
mass
opinion
justices
mass
decision
today
fifth
amendment
prohibits
comment
defendant
silence
innovation
previous
occasion
majority
indicated
acceptance
proposition
adamson
california
question
whether
fifth
amendment
proscribed
california
comment
practice
four
dissenters
black
douglas
murphy
rutledge
jj
answered
question
affirmative
fifth
member
justice
frankfurter
stated
separate
opinion
historical
reasons
limited
immunity
common
duty
testify
written
federal
bill
rights
prepared
agree
part
immunity
comment
failure
accused
take
witness
stand
forbidden
federal
prosecutions
though
agreed
dissenters
point
also
agreed
justices
vinson
reed
jackson
burton
fourteenth
amendment
make
clause
fifth
amendment
applicable
thus
joined
opinion
held
opinion
assumed
fifth
amendment
barred
comment
expressly
disclaimed
intention
decide
point
reserve
decision
whether
accused
require
bruno
jury
instructed
silence
must
disregarded
justice
harlan
concurring
agree
within
federal
judicial
system
fifth
amendment
bars
adverse
comment
federal
prosecutors
judges
defendant
failure
take
stand
criminal
trial
right
accorded
amendment
given
last
term
decision
malloy
hogan
fifth
amendment
applies
refinements
see
legitimate
escape
today
decision
therefore
concur
however
great
reluctance
since
decision
exemplifies
creeping
paralysis
recent
adoption
incorporation
doctrine
infecting
operation
federal
system
see
opinion
concurring
result
pointer
texas
ante
agree
accusatorial
rather
inquisitorial
process
fundamental
part
liberty
guaranteed
fourteenth
amendment
brother
stewart
dissent
post
fully
demonstrates
rule
might
lost
justice
still
done
palko
connecticut
part
fifth
amendment
cf
opinion
concurring
result
pointer
malloy
apply
rule
malloy
put
forward
single
argument
applying
fifth
amendment
incongruous
different
standards
determine
validity
claim
privilege
depending
whether
claim
asserted
state
federal
therefore
standards
must
determine
whether
accused
silence
either
federal
state
proceeding
justified
malloy
hogan
supra
emphasis
added
also
recently
suggested
measuring
state
procedures
standards
fundamental
fairness
reflected
landmark
decisions
twining
new
jersey
palko
connecticut
supra
require
intervene
state
judicial
process
considerable
lack
predictability
consequent
likelihood
considerable
friction
pointer
texas
supra
concurring
opinion
goldberg
approach
requirements
federalism
unlike
evinced
henry
mississippi
apparently
leads
cases
like
conclusion
way
eliminate
friction
state
judicial
systems
attempt
working
harmony
override
altogether
although
compelled
concur
decision
free
express
hope
eventually
return
constitutional
paths
recently
followed
throughout
history
justice
stewart
justice
white
joins
dissenting
petitioner
chose
take
witness
stand
trial
upon
charge
murder
california
article
california
constitution
establishes
defendant
privilege
provides
criminal
case
whether
defendant
testifies
failure
explain
deny
testimony
evidence
facts
case
may
commented
upon
counsel
may
considered
jury
constitutional
right
defendant
criminal
trial
may
compelled
testify
thus
whether
testify
rests
entirely
decision
evidence
facts
defendant
reasonably
expected
deny
explain
facts
within
knowledge
testify
though
testify
fails
deny
explain
evidence
jury
may
take
failure
consideration
tending
indicate
truth
evidence
indicating
among
inferences
may
reasonably
drawn
therefrom
unfavorable
defendant
probable
connection
however
noted
defendant
knowledge
need
deny
explain
certain
evidence
unreasonable
draw
inference
unfavorable
failure
deny
explain
evidence
failure
defendant
deny
explain
evidence
create
presumption
guilt
warrant
inference
guilt
relieve
prosecution
burden
proving
every
essential
element
crime
guilt
defendant
beyond
reasonable
doubt
claim
made
prosecutor
argument
trial
judge
instructions
jury
case
deprived
petitioner
due
process
law
long
ago
decided
due
process
clause
fourteenth
amendment
force
forbid
kind
comment
defendant
failure
testify
twining
new
jersey
adamson
california
holds
however
california
constitutional
provision
violates
fifth
amendment
injunction
person
shall
compelled
criminal
case
witness
injunction
less
year
ago
first
time
found
applicable
trials
courts
several
candor
accuracy
concedes
question
us
one
first
impression
question
arisen
last
year
provision
fifth
amendment
held
apply
federal
proceedings
federal
judicial
system
matter
covered
specific
act
congress
effect
ever
since
defendants
permitted
testify
federal
criminal
trials
see
bruno
wilson
adamson
california
supra
must
determine
whether
petitioner
compelled
witness
compulsion
focus
inquiry
certainly
compulsion
detected
california
procedure
dramatically
different
less
palpable
nature
involved
procedures
historically
gave
rise
fifth
amendment
guarantee
suspect
brought
high
commission
star
chamber
commanded
answer
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asked
subjected
deeply
probing
inquiry
effort
ferret
unknown
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unsuspected
crime
declined
answer
pain
incarceration
banishment
mutilation
spoke
falsely
subject
punishment
faced
formidable
array
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decision
speak
unquestionably
coerced
lurid
realities
lay
behind
enactment
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amendment
far
cry
subject
matter
case
us
think
case
stretches
concept
compulsion
beyond
reasonable
bounds
whatever
compulsion
may
exist
derives
defendant
choice
testify
comment
counsel
support
conclusion
california
procedure
compel
accused
testify
say
penalty
imposed
courts
exercising
constitutional
privilege
cuts
privilege
making
assertion
costly
exactly
penalty
imposed
consists
clear
understand
problem
jury
becomes
aware
defendant
chosen
testify
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jury
course
realize
quite
evident
fact
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choice
goes
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since
comment
counsel
compel
testimony
creating
awareness
must
saying
california
constitutional
provision
places
compulsion
upon
defendant
incriminate
compulsion
describe
readily
perceive
apparent
realistic
view
trial
process
defendant
disadvantage
california
practice
permitted
comment
failure
take
witness
stand
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inferences
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guilt
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prosecution
burden
proving
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essential
element
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trial
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warned
prosecution
burden
remained
proof
beyond
reasonable
doubt
whether
limitations
observed
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without
benefit
protective
instructions
shielding
defendant
certainly
open
real
doubt
moreover
one
say
balance
advantage
might
lie
result
attorneys
discussion
matter
doubt
prosecution
argument
seek
encourage
drawing
inferences
unfavorable
defendant
however
defendant
counsel
equally
opportunity
explain
various
reasons
defendant
may
wish
take
stand
thus
rebut
natural
uneducated
assumption
defendant
truthfully
deny
accusations
made
think
california
comment
rule
coercive
device
impairs
right
rather
means
articulating
bringing
light
rational
discussion
fact
inescapably
impressed
jury
consciousness
california
procedure
designed
protect
defendant
unwarranted
inferences
might
drawn
uninformed
jury
also
attempt
state
recognize
articulate
believes
natural
probative
force
certain
facts
surely
one
deny
state
important
interest
throwing
light
rational
discussion
transpires
course
trial
protect
defendant
real
dangers
silence
shape
legal
process
designed
ascertain
truth
california
rule
allowing
comment
counsel
instruction
judge
defendant
failure
take
stand
hardly
idiosyncratic
aberration
model
code
evidence
uniform
rules
evidence
sanction
use
procedures
practice
endorsed
resolution
american
bar
association
american
law
institute
support
weight
scholarly
opinion
formulation
procedural
rules
govern
administration
criminal
justice
various
properly
matter
local
concern
charged
general
supervisory
power
matters
legitimate
function
prevent
violations
constitution
commands
california
honored
constitutional
command
person
shall
compelled
criminal
case
witness
petitioner
compelled
testify
whenever
jury
trial
defendant
exercises
constitutional
right
members
jury
bound
draw
inferences
silence
constitution
prevent
operation
human
mind
without
limiting
instructions
danger
exists
inferences
drawn
jury
may
unfairly
broad
permitted
danger
go
unchecked
forbidding
comment
upon
defendant
failure
take
witness
stand
dealt
danger
variety
ways
opinion
indicates
ante
note
pp
might
differ
matter
policy
way
california
chosen
deal
problem
even
disapprove
judge
specific
instructions
case
long
constitutional
command
obeyed
matters
state
policy
decide
affirm
judgment
see
excerpt
prosecutor
argument
quoted
opinion
ante
pp
cal
case
decided
malloy
hogan
california
give
plenary
consideration
question
us
however
since
upheld
federal
constitutionality
california
comment
rule
thoroughly
reasoned
opinion
chief
justice
traynor
people
modesto
cal
adamson
case
present
question
reached
majority
ruled
fifth
amendment
applicable
justice
reed
opinion
made
clear
california
rule
assumed
contravene
fifth
amendment
without
intention
ruling
upon
issue
dissenting
opinion
justice
black
justice
douglas
read
majority
opinion
strongly
imply
ing
fifth
amendment
bar
comment
upon
failure
testify
considered
case
majority
assumption
thereby
giving
approval
assumption
even
dictum
approval
given
dissenting
opinion
made
evident
fact
justice
murphy
justice
rutledge
also
dissent
felt
necessary
make
characterized
addition
expression
view
guarantee
violated
case
justice
frankfurter
concurring
also
indicated
prepared
agree
fifth
amendment
barred
comment
thus
bringing
three
members
dicta
took
view
embraced
today
stat
amended
see
generally
wigmore
evidence
mcnaughton
rev
ed
model
code
evidence
rule
uniform
rules
evidence
rule
proceedings
see
bruce
right
comment
failure
defendant
testify
rev
dunmore
comment
failure
accused
testify
yale
hadley
criminal
justice
america
hiscock
criminal
law
procedure
new
york
rev
note
comment
defendant
failure
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stand
yale
see
state
pearce
tines
commonwealth
hanks
commonwealth
noted
defendant
counsel
request
additions
instructions
brought
possible
reasons
might
influenced
defendant
decision
become
witness
california
constitution
terms
prescribe
form
instruction
given
petitioner
argued
another
form
denied