Griffin v. California

The decision to forbid comments by prosecutors or judges on the failure of a defendant to testify at his own trial preserved the presumption of innocence to which a defendant is constitutionally entitled.

On the night that Essie Mae was found she had been seen by a Mr. Villasenor in an alley with petitioner Griffin. Griffin was later convicted of the first degree murder of Essie Mae, after a jury trial in a California court. He did not testify at his trial, and while the trial court instructed the jury on the issue of guilt, stating that a defendant has a constitutional right not to testify, it also told the jury that they may take into consideration the fact that the defendant did not testify as tending to indicate the truth of the evidence and that of the inferences drawn from the evidence those unfavorable to the defendant are the more probable. The court also stated that the failure of a defendant to deny or explain the evidence of which he had knowledge does not create a presumption of guilt nor by itself warrant an inference of guilt nor relieve the prosecution of any of its burden of proof. During the trial, the prosecutor drew a great deal of attention to the fact that Griffin did not testify with such statements as, "Essie Mae is dead, she can't tell you her side of the story. The defendant won't." Griffin received the death penalty and the California Supreme Court affirmed this sentence.