United States v. Hastings

Hastings and others (defendants) were charged with kidnapping and transporting women across state lines for immoral purposes. Each invoked his Fifth Amendment privilege against self-incrimination, and at trial the prosecutor commented on their decisions not to testify. The district court convicted the defendants, and the Seventh Circuit reversed, holding the comment violated the Fifth Amendment while explicitly declining to apply harmless error review. The government sought review, and the Supreme Court granted certiorari.