Twining v. New Jersey

PETITIONER: Twining
RESPONDENT: New Jersey
LOCATION:

DOCKET NO.: 10
DECIDED BY: Fuller Court (1906-1909)
LOWER COURT:

ARGUED: Mar 19, 1908 / Mar 20, 1908
DECIDED: Nov 09, 1908

Facts of the case

Twining, a bank director, was charged with a misdemeanor (deceiving a bank examiner). Twining declined to testify at his trial. Under New Jersey law, the prosecutor commented upon Twining's failure to testify. A jury convicted Twining; he appealed.

Question

Does comment upon a defendant's failure to testify violate the Fourteenth Amendment?