Can a prosecutor comment on a defendant's decision not to testify at trial?
MultiRegion, United States of America
The following excerpt is from People v. Cruz, 132 F.3d 40 (9th Cir. 1997):
It is undisputed that prosecutors are forbidden to comment on a defendant's decision not to testify. Such a comment would violate a defendant's Fifth Amendment privilege against self-incrimination. United States v. Tarazon, 989 F.2d 1045, 1051 (9th Cir.1993). Cruz asserts that the prosecutor impermissibly made the following two statements regarding his failure to testify at trial:
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