Court Case Number 202: First Degree Murder

1099 WordsJun 25, 20185 Pages
No. 202. Argued March 9, 1965. Decided April 28, 1965. Facts: In 1964 Edward Dean Griffin was brought before a court, convicted and tried for the crime of first degree murder. Griffin had been invited to the apartment of Essie Hodson and her boyfriend Eddie Seay. After all three had went to bed Seay woke up to find Griffin and Hodson struggling. Hodson claimed that Griffin had tried to force her into unwanted sex. Seay locked Griffin out of the apartment. However, Griffin broke back in and hit Seay in the head. Seay went to a nearby bar to get help and when he returned neither Hodson nor Griffin were there. The next morning, a witness saw Griffin coming out of a large trash bin in a nearby alley and noted that Griffin was adjusting his…show more content…
A criminal defendant has a constitutional privilege against self incrimination. To permit the prosecution to make negative implications about a refusal to testify would penalize a defendant for exercising a constitutional right. This cannot be permitted. Reversed” (“Griffin v. California” Casebriefs.com). Concurring Opinion: The Supreme Court’s ruling is, in my opinion, a fair ruling. The court took away Griffin’s constitutional right to due process and a fair trial. Griffin’s ruling should have been reversed and the Supreme Court should have made the law binding on state courts also. They made the right decision. Everyone deserves a fair trial and a comment made by court officials should not obstruct a person’s justice. In 1947 a similar case went before the court. Adamson v California was a case in which the defendants silence was also commented on making it seem as though his silence was a sign of guilt. When reviewed by the US Supreme Court the court ruled that the fourteenth amendment protected the right to due process in state courts. However, the Fifth Amendment right to remain silent is not considered necessary for due process. Therefore, if the court chooses to obstruct this right, it is permissible. Almost two decades later the Supreme Court changed their opinion on the matter. The court then dealt with the right to remain silent in the year prior to Griffin’s case. In the case of Mallory v. Hogan the court ruled that the

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