|
|
Brooks v. Tennessee, 406 U.S. 605 (1972)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Brooks v. Tennessee, 406 U.S. 605 (1972)
Brooks v. Tennessee No. 71-5313 Argued March 21-22, 1972 Decided June 7, 1972 406 U.S. 605
CERTIORARI TO THE COURT OF
CRIMINAL APPEALS OF TENNESSEE
Syllabus
1. Tennessee’s statutory requirement that a defendant in a criminal proceeding "desiring to testify shall do so before any other testimony for the defense is heard by the court trying the case" violates the defendant’s privilege against self-incrimination. A defendant may not be penalized for remaining silent at the close of the State’s case by being excluded from the stand later in the trial. Pp. 607-612.
2. The Tennessee rule also infringes the defendant’s constitutional rights by depriving him of the "guiding hand of counsel," in deciding not only whether the defendant will testify but, if so, at what stage. Pp. 612-613.
___ Tenn.App. ___, ___ S.W.2d ___, reversed and remanded.
BRENNAN, J., delivered the opinion of the Court, in which DOUGLAS, WHITE, MARSHALL, and POWELL, JJ., joined. STEWART, J., filed a statement concurring in the judgment and in Part II of the Court’s opinion, post, p. 613. BURGER, C.J., filed a dissenting opinion, in which BLACKMUN and REHNQUIST, JJ., joined, post, p. 613. REHNQUIST, J., filed a dissenting opinion, in which BURGER, C.J., and BLACKMUN, J., joined, post, p. 617.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Brooks v. Tennessee, 406 U.S. 605 (1972) in 406 U.S. 605 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=122GIVEPZ1R3L7A.
MLA: U.S. Supreme Court. "Syllabus." Brooks v. Tennessee, 406 U.S. 605 (1972), in 406 U.S. 605, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=122GIVEPZ1R3L7A.
Harvard: U.S. Supreme Court, 'Syllabus' in Brooks v. Tennessee, 406 U.S. 605 (1972). cited in 1972, 406 U.S. 605. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=122GIVEPZ1R3L7A.
|