July 17 – Chicago Daily Law Bulletin
The opinion of the Court contended that the general rule has always been that the Fifth Amendment right against self-incrimination is neither self-executing nor claimed simply by standing rule.
Rather, a person must explicitly assert the right at the time he is exercising it. There are two exceptions to this rule: First, Griffin v. California, 380 U.S. 609 (1965), held that a criminal defendant’s decision not to testify at trial is tantamount to an express assertion of the right and, therefore, the prosecutor is barred from asking the jury to use this against the defendant.
Read more: Prof. Timothy O’Neill Discusses Supreme Court’s Change to Fifth Amendment Rights
