Arthur Goldberg

“ If the indigent defendant then determines that there is no basis for such a defense, notwithstanding the withdrawal of that defense, any incriminating statements made in the interviews with the psychiatrists are not privileged and may be used against the defendant at his trial. An indigent defendant therefore is often in effect compelled to choose between foregoing an insanity defense and waiving his privilege against self-incrimination. ”

“ Under § 1027 of the California Penal Code, whenever 'a defendant pleads not guilty by reason of insanity the court must select and appoint two alienists * * * to examine the defendant and investigate his sanity * * *.' Even if the defendant subsequently withdraws his insanity plea, the psychiatrists 'may be called' to testify concerning their interviews with the defendant. ”

“ I believe that petitioner's claim raises substantial and important question under the Equal Protection and Due Process Clauses of the Constitution. See, e. g., Griffin v. Illinois, 351 U.S. 12, 76 S.Ct. ”