Can a prosecutor comment on a defendant's failure to present exculpatory evidence?

California, United States of America


The following excerpt is from People v. Bullock, E055532 (Cal. App. 2013):

Medina, supra, 11 Cal.4th at p. 755.) As a general rule, prosecutors may comment during closing argument on a defendant's failure to present exculpatory evidence without erroneously implying that the defendant bears the burden of proof. (People v. Lewis (2004) 117 Cal.App.4th 246, 256-257; Medina, at p. 755.) Here, the prosecutor properly commented on the state of the evidence without shifting the burden of proof or implying any "duty" on the part of the defense to produce witnesses or other evidence.

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