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

How this entity was disambiguated

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 ⓘ

How these facts were elicited

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