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Criminal Procedure Keyed to Allen
Chapman v. California
Citation:
386 U.S. 18 (1967)Facts
Petitioners were convicted on a charge that they robbed, kidnaped and murdered a bartender. She was sentenced to life imprisonment and he was sentenced to death. At trial, both petitioners chose not testify. The prosecutor took full advantage of their silence to comment upon their failure to testify, filling his argument with numerous references to their silences. The trial court also allowed the jury to draw adverse inferences from petitioners’ failure to testify. Shortly thereafter, the court held this practice invalid on the ground that it put a penalty on the exercise of a person’s right not to be compelled to witness against himself. On appeal, the State Supreme Court affirmed, applying the State Constitution’s harmless error provision.
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6m 59s
