How has the Fifth Amendment been interpreted by the US Supreme Court?

California, United States of America


The following excerpt is from People v. McClellan, 257 Cal.App.2d 350, 64 Cal.Rptr. 903 (Cal. App. 1967):

By Griffin v. State of California, 85 S.Ct. 1229, 380 US. 609, 14 L.Ed.2d 106, decided April 28, 1965, the court held that the self-incrimination guaranty of the Fifth Amendment, in its bearing on the states by reason of the Fourteenth Amendment, forbids either comment by the prosecution on an accused's silence or instructions by the court that such silence is evidence of guilt.

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