Twining v. New Jersey

211 U.S. 78 (1908)

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Nature of the Case

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Facts

After the end of D's case and before the jury began deliberations, the judge instructed the jurors that they could draw an unfavorable inference against D from his failure to testify. He was convicted and appealed. D challenged the conviction in that the jury instruction was improper under Due Process and the Privileges and Immunities Clause of the 14^th Amendment.