- Issues: D doesn’t have to take the stand according to the 5th Amendment. The prosecutor cannot call the
California, unlike many other jurisdictions, allows limited comment on a D’s refusal to testify. Court says that “It seems quite natural that when a defendant has opportunity to deny or explain fact and determines not to do so, the prosecution should bring out the strength of the evidence by commenting upon defendant’s failure to explain or deny it.”
Dissent: Black’s dissent says that the 14th Amendment explicitly guarantees that the Bill of Rights should also be applied to the states, and therefore that the protection given to the 5th Amendment against compelled testimony should be applied to the state.