Can a jury discuss a defendant's failure to testify?
California, United States of America
The following excerpt is from People v. Ruelas, B240666, B251018 (Cal. App. 2014):
A jury commits misconduct when it discusses a defendant's failure to testify. (People v. Avila (2009) 46 Cal.4th 680, 727.) As the trial court instructed the jury in this case, "A defendant has an absolute constitutional right not to testify. He or she may rely
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