Can a defendant exercise his Fifth Amendment right not to testify in a criminal case?
California, United States of America
The following excerpt is from Carroll v. Comm'n On Teacher Credentialing, 270 Cal.Rptr.3d 448, 56 Cal.App.5th 365 (Cal. App. 2020):
Section 913 adopted the holding in Griffin v. California (1965) 380 U.S. 609, 85 S.Ct. 1229 [14 L.Ed.2d 106] ( Griffin ). Griffin prohibited the prosecution from commenting on a criminal defendant's exercise of his Fifth Amendment right not to testify. ( Id . at p. 613, 85 S.Ct. 1229.)
[270 Cal.Rptr.3d 459]
Section 913 applies the Griffin rule to all privileges.
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