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Adamson v. California | 332 U.S. 46 (1947)
The Bill of Rights is a limitation on federal power, not state power. However, the United States Supreme Court has held that most of these amendments also apply to the states by incorporation through the Due Process Clause of the Fourteenth Amendment. In Adamson versus California, the Court considered whether the Fifth Amendment privilege against self-incrimination applies to the states through the Due Process Clause of the Fourteenth Amendment.
Admiral Dewey Adamson was charged in California with first-degree murder. Previously, Adamson had been convicted of burglary, larceny, and robbery in California. Based on his counsel’s advice, Adamson chose not to take the stand on his own behalf during his murder trial.
Under California law, if Adamson had taken the stand at his murder trial, the prosecutor could have cross-examined him about his prior convictions. Although the jury would’ve been told to consider Adamson’s prior crimes only as they related to his credibility as a witness, not his guilt, most lawyers believe jurors have trouble making this distinction. In addition, California law also allowed the judge and prosecutor to tell the jury that Adamson’s failure to take the stand and refute the charges against him could be used as a negative inference on the issue of guilt.
Subsequently, following a negative inference instruction, a jury found Adamson guilty. Adamson then appealed his conviction to the California Supreme Court. In his appeal, Adamson argued that by permitting a negative inference to be drawn from failing to take the stand, California violated his Fifth Amendment privilege against self-incrimination. Specifically, Adamson argued that such privilege is implicit in the concept of ordered liberty under the Due Process Clause of the Fourteenth Amendment. California rejected his argument and affirmed his conviction. The United States Supreme Court granted review.
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