Appellant was defendant in criminal trial and did not testify.
Under CA rules, the failure of a defendant to testify can be considered by the court and jury.
Procedural History
Lower court held for CA.
SCOTUS
Issues
Is the right against self-incrimination so central that a states' failure to follow it a violation of due process?
Holding/Rule
The due process clause does not draw all the rights of the federal bill of rights under its protection. This was rejected in Palko.
Reasoning
The due process clause does not draw all the rights of the federal bill of rights under its protection. This was rejected in Palko.
The due process clause forbids compulsion to testify by fear of hurt, torture, or exhaustion. If forbids any other type of coercion that is in the scope of due process.
The purpose of due process is to protect against an unfair conviction.
Allowing a negative inference to be drawn by the failure of a D to testify does not deny due process.
(Frankfurter)
A construction which gives due process no independent function but turns it into a summary of the specific provisions of the Bill of Rights would, as has been noted, tear up by the roots much of the fabric of law in the several states and would deprive the states of opportunity for reforms in legal process designed for extending the area of freedom.
Dissent
(Black)
I believe one of the chief objects of that the 14th Amendment was meant to accomplish was to make the Bill of Rights applicable to the states.
The framers meant to overturn the Barron decision.
