TWINING v. NEW JERSEY
Twining, a bank director, was charged with a misdemeanor (deceiving a bank examiner). Twining declined to testify at his trial. Under New Jersey law, the prosecutor commented upon Twining's failure to testify. A jury convicted Twining; he appealed.
Does comment upon a defendant's failure to testify violate the Fourteenth Amendment?
Neither the Privileges and Immunities Clause nor the Due Process Clause embraces the right against self-incrimination found in the Fifth Amendment. Moody rested the Court's opinion on the historical record, which led him to the view that the right against self-incrimination was not fundamental.