Can a defense counsel argue that a defendant could have hidden behind his Fifth Amendment right not to testify but instead testified?

California, United States of America


The following excerpt is from People v. Williams, F067227 (Cal. App. 2015):

During closing argument, defense counsel argued defendant could have hidden behind his Fifth Amendment right not to testify but instead testified. The trial court sustained objections by the prosecutor to these statements and advised the jury to disregard counsel's statements. Defendant contends the trial court was confusing defense counsel's argument with the error caused when a prosecutor improperly comments on the defendant's failure to testify in violation of Griffin v. California (1965) 380 U.S. 609 (Griffin). Defendant argues Griffin does not limit defense counsel's commentary on a defendant's choice to testify, and it was error for the trial court to sustain the prosecutor's objection.

Other Questions


What is the test for a defense counsel to argue that a witness has a valid Fifth Amendment right not to testify? (California, United States of America)
Is a defendant's ineffectual request for counsel in a Sixth Amendment context coincidentally invoked his Fifth Amendment right to have counsel present at any interrogation? (California, United States of America)
Can the prosecution impeach a testifying defendant with statements obtained from his own counsel in violation of his Sixth Amendment right to counsel? (California, United States of America)
Is a defendant competent to stand trial if he was confused by the court's explanation of the Fifth Amendment right to remain silent as it related to his right to testify? (California, United States of America)
Is a defendant competent to stand trial if he was confused by the court's explanation of the Fifth Amendment right to remain silent as it related to his right to testify? (California, United States of America)
Is the right to testify in a civil trial grounded in the Fifth Amendment or in the Sixth Amendment? (California, United States of America)
Does the prosecutor's statement on rebuttal that defense counsel testified that there are no apartment complexes directly across from the Perezes improperly accused her counsel of testifying? (California, United States of America)
Can a prosecutor impugently call the integrity of defense counsel by asserting defense counsel would lose their bar cards if they argued in favor of voluntary manslaughter? (California, United States of America)
Can defense counsel argue that defense counsel failed to object to the foregoing procedure or request that written instructions be provided to the jury? (California, United States of America)
Can a defendant argue on appeal that counsel's inaction at trial to alleged prosecutorial misconduct violated their constitutional right to effective assistance of counsel? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.