Burt v. New Jersey

Mr. Justice Douglas, with whom Mr. Justice Brennan and Mr. Justice Marshall concur,

dissenting.

In Griffin v. California, 380 U. S. 609 (1965), we held that the Fifth Amendment guarantee against self-incrimination prohibits a prosecutor from commenting to the jury upon the defendant’s failure to testify at his trial. Such a practice would place a price on the defendant’s invocation of his constitutional privilege— a price that would seriously undermine the value of that privilege. And in Miranda v. Arizona, 384 U. S. 436 (1966), we held that the prosecutor may not introduce into evidence…