Twining v. New Jersey (1900)

Docket
10
Decided
1900-1940-

Summary

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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