California, United States of America
The following excerpt is from People v. Gutierrez, B245933 (Cal. App. 2014):
In Griffin v. California (1965) 380 U.S. 609 [85 S.Ct. 1229, 14 L.Ed.2d 106] (Griffin), the high court held that the Fifth Amendment "forbids either comment by the prosecution on the accused's silence or instructions by the court that such silence is evidence of guilt." (Griffin, at p. 615.) In reaching this decision, the high court observed that "comment on the refusal to testify is a remnant of the 'inquisitorial system of criminal justice' [citation] which the Fifth Amendment outlaws. It is a penalty imposed . . . for exercising a constitutional privilege [and] . . . cuts down on the privilege by making its assertion costly." (Id. at p. 614, fn. omitted.)
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.