TWINING v. NEW JERSEY
Term:
- 1901-1939
Facts of the Case
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.
Question
Does comment upon a defendant's failure to testify violate the Fourteenth Amendment?
Conclusion
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.
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TWINING v. NEW JERSEY. The Oyez Project at IIT Chicago-Kent College of Law. 18 June 2013. <http://www.oyez.org/cases/1901-1939/1907/1907_10>.
TWINING v. NEW JERSEY, The Oyez Project at IIT Chicago-Kent College of Law, http://www.oyez.org/cases/1901-1939/1907/1907_10 (last visited June 18, 2013).
"TWINING v. NEW JERSEY," The Oyez Project at IIT Chicago-Kent College of Law, accessed June 18, 2013, http://www.oyez.org/cases/1901-1939/1907/1907_10.