How have courts interpreted the privilege against compulsory self-incrimination?

California, United States of America


The following excerpt is from The People v. Hollinquest, A124613, No. 05-051554-4 (Cal. App. 2010):

11. In United States v. Robinson (1988) 485 U.S. 25, 32 [99 L.Ed.2d 23, 108 S.Ct. 864], the United States Supreme Court explained: "Where the prosecutor on his own initiative asks the jury to draw an adverse inference from a defendant's silence,... the privilege against compulsory self-incrimination is violated. But where... the prosecutor's reference to the defendant's opportunity to testify is a fair response to a claim made by defendant or his counsel, we think there is no violation of the privilege."

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