California, United States of America
The following excerpt is from People v. Johnson, F067359 (Cal. App. 2015):
Jurors commit misconduct if they violate a trial court's instructions not to discuss a defendant's failure to testify. (People v. Loker (2008) 44 Cal.4th 691, 749; People v. Lavender (2014) 60 Cal.4th 679, 686-687.) In this case, the court gave the jury standard instructions that if a defendant does not testify, "you must neither discuss this matter nor permit it to enter your deliberations in any way." If, during deliberations, one or more jurors does mention a defendant's failure to testify, a rebuttable presumption of prejudice arises. (Lavender, supra, at p. 687.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.