The Supreme Court held that prosecutors or judges cannot make negative comments about a defendant’s invoking the Fifth Amendment and that this protection against self-incrimination applies to the states under the due process clause.
No one can stop a juror from drawing an inference regarding guilt or innocence from a defendant’s declining to take the stand in his or her own defense. However, the Supreme Court ruled that a negative comment regarding the defendant’s decision to remain silent, when made by the prosecutor or judge in front of the jury, tends to make the jurors disregard the defendant’s presumption of innocence. The Court, in a 7-2 decision that overruled Adamson v. California
Adamson v. California
Benton v. Maryland
Bill of Rights
Due process, procedural
Self-incrimination, immunity against