Adamson V. California - Background

Background

In Adamson v. California, Admiral Dewey Adamson was charged with first-degree murder but chose not to testify on his own behalf because he knew the prosecutor would impeach him with questions about his prior criminal record. The prosecutor then argued that this refusal to testify could be seen as an admission of guilt under a California statute that allowed the jury to infer guilt in such cases. On appeal, however, Adamson's attorney Morris Lavine argued that Adamson's freedom against self-incrimination guaranteed by the Fifth Amendment had been violated. He argued that because the prosecutor had drawn attention to Adamson’s refusal to testify, Adamson’s freedom against self-incrimination had been violated.

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