Can a judge comment upon a defendant's decision not to testify?
MultiRegion, United States of America
The following excerpt is from U.S. v. Lampert, 983 F.2d 1079 (9th Cir. 1992):
Griffin v. California, 380 U.S. 609, 613-14 (1965), prohibits comment upon a defendant's decision to exercise his Fifth Amendment right not to testify. A trial judge's remark constitutes Griffin error if it was "manifestly intended or was of such character that the jury would naturally and necessarily take it to be a comment on the failure of the accused to testify." United States v. Polizzi, 500 F.2d 856, 890-91 (9th Cir.1974), cert. denied, 419 U.S. 1120 (1975) (citations omitted).
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