Stewart v. United States (1961)
Encyclopedia
Stewart v. United States, , was a United States Supreme Court case in which the Court held that asking a criminal defendant whether he had testified in previous trials violated his Fifth Amendment
rights.
Willie Lee Stewart had already been tried twice for murder and had not testified in either trial. During his third trial his defense was insanity and he chose to testify in his own defense. During his cross-examination, the prosecutor asked, "This is the first time you have gone on the stand, isn't it, Willie?", alluding to the fact that Stewart had not testified in his first two trials. Stewart's attorney objected
and ultimately appealed Stewart's criminal conviction to the Supreme Court.
The Fifth Amendment provides a criminal defendant with a right to refuse to testify. Relying on that provision, the Court held that the prosecutor's question was unduly prejudicial and unconstitutional. The Court further held that the error was not harmless and remanded for a new trial.
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
rights.
Willie Lee Stewart had already been tried twice for murder and had not testified in either trial. During his third trial his defense was insanity and he chose to testify in his own defense. During his cross-examination, the prosecutor asked, "This is the first time you have gone on the stand, isn't it, Willie?", alluding to the fact that Stewart had not testified in his first two trials. Stewart's attorney objected
Objection (law)
In the law of the United States of America, an objection is a formal protest raised in court during a trial to disallow a witness's testimony or other evidence which would be in violation of the rules of evidence or other procedural law...
and ultimately appealed Stewart's criminal conviction to the Supreme Court.
The Fifth Amendment provides a criminal defendant with a right to refuse to testify. Relying on that provision, the Court held that the prosecutor's question was unduly prejudicial and unconstitutional. The Court further held that the error was not harmless and remanded for a new trial.
External links
- full text of Stewart v. United States, courtesy of Justia