Does comment on a criminal defendant's failure to testify constitute a Fifth Amendment privilege?

California, United States of America

The following excerpt is from People v. Saddler, 156 Cal.Rptr. 871, 24 Cal.3d 671, 597 P.2d 130 (Cal. 1979):

Comment on a criminal defendant's failure to testify was held violative of the Fifth Amendment privilege against self-incrimination in Griffin v. California (1965) 380 U.S. 609, 85 S.Ct. 1229, 14 L.Ed.2d 106. California constitutional (former art. I, 13) and statutory (former Pen.Code, 1093, subd. 6) provisions at that time authorized comment on a defendant's failure to explain or deny evidence against him "whether the defendant testifies or not." ⁵ Section 13 of article I was repealed in 1974 and its text restated in article I, section 15, with no reference to comment on a defendant's testimony. In 1976, subdivision (6) of section 1093 was amended to delete the provision quoted above.

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

When will the trial judge assume that a defendant represented by counsel who does not testify at trial is exercising his Fifth Amendment privilege against self-incrimination? (California, United States of America)

Can a defendant exercise his Fifth Amendment right not to testify in a criminal case? (California, United States of America)

Does a prosecutor who referred to a defendant's failure to testify and lack of remorse constitute a criminal error? (California, United States of America)

Does commenting on a defendant's refusal to testify violate the Fifth Amendment's self-incrimination clause? (California, United States of America)

Can a self-represented defendant be found guilty of a criminal act against a criminal defendant under section 352 of the California Criminal Code? (California, United States of America)

Is there an undue "chilling effect" on the procedural rights of criminal defendants when the jury instructs a criminal defendant to testify before the jury that he will be cross-examined? (California, United States of America)

Is a defendant's failure to testify at the penalty phase an error not to instruct the jury to refrain from drawing any inference from the fact that defendant did not testify at penalty phase? (California, United States of America)

Is a defendant entitled to damages if the prosecutor improperly commented upon defendant's failure to testify? (California, United States of America)

Is a prosecutor's comment to the jury that a defendant who refused to testify at trial about his failure to testify prejudicial error harmless? (California, United States of America)

Can a defense counsel argue that a defendant could have hidden behind his Fifth Amendment right not to testify but instead testified? (California, United States of America)

Does comment on a criminal defendant's failure to testify constitute a Fifth Amendment privilege?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources