Are comments made by the prosecutor at closing argument denied a defendant's right to remain silent?

MultiRegion, United States of America

The following excerpt is from Woods v. Lewis, 5 F.3d 544 (9th Cir. 1993):

Woods first claims that comments made by the prosecutor at closing argument denied him his Fifth Amendment right to remain silent. There is no Fifth Amendment violation where the prosecutor merely states that the evidence is unrefuted and uncontradicted. United States v. Mares, 940 F.2d 455, 461 (9th Cir.1991); United States v. Castillo, 866 F.2d 1071, 1083 (9th Cir.1988). Our review of the record indicates that the prosecutor commented only on the failure of the defense to counter specific evidence. Nowhere in the record did the prosecutor comment, directly or indirectly, on the defendant's failure to testify.

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