United States Supreme Court
461 U.S. 499 (1983)
Hastings, et al. (defendants) were charged with kidnapping and transporting women across state lines for immoral purposes. Each of the defendants invoked his Fifth Amendment right against self-incrimination. During the trial, the prosecutor commented on the defendants’ decisions to invoke this right. The district court convicted the defendants. The United States Court of Appeals for the Seventh Circuit (Seventh Circuit) reversed, finding that the prosecutor’s comment violated the defendants’ Fifth Amendment rights. The Seventh Circuit explicitly chose not to apply the harmless error doctrine. The United States Supreme Court granted certiorari.
Rule of Law
Holding and Reasoning (Burger, C.J.)
Concurrence/Dissent (Brennan, J.)
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