Kaneshiro V. Belisario

With the qualification hereinafter mentioned, I agree with today's holding that the petitioner cannot comment on the defendant's exercise of his right against self-incrimination and I subscribe to the court's opinion for said conclusion. However, there is danger that the court's opinion "We therefore hold that in a civil proceeding the assertion of defendant's right against self-incrimination is protected by the state and federal constitutions * * *"  is too broad. If implicit in said opinion a defendant, in a given case, can claim such right against self-incrimination and yet demand the benefits of a status for which he refuses to demonstrate his fitness, then I respectfully dissent to the broad application of today's holding. See Spevack v. Klein, 385 U.S. 511, Harlan, J., dissenting at 525, 526 (1967); Gardner v. Broderick, 392 U.S. 273 (1968).