(Download) "Tehan v. United States Ex Rel. Shott" by Supreme Court of the United States * Book PDF Kindle ePub Free

April 12, 2021

eBook details

Title: Tehan v. United States Ex Rel. Shott
Author : Supreme Court of the United States
Release Date : January 19, 1966
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 69 KB

Description

In 1964 the Court held that the Fifth Amendments privilege against compulsory self-incrimination "is also protected by the Fourteenth Amendment against abridgment by the States." Malloy v. Hogan, 378 U.S. 1, 6. In Griffin v. California, decided on April 28, 1965, the Court held that adverse comment by a prosecutor or trial judge upon a defendants failure to testify in a state criminal trial violates the federal privilege against compulsory self-incrimination, because such comment "cuts down on the privilege by making its assertion costly." 380 U.S. 609, 614. The question before us now is whether the rule of Griffin v. California is to be given retrospective application.