Does a prosecutor have the authority to comment on a defendant's failure to testify?
California, United States of America
The following excerpt is from People v. Ellis, B257362 (Cal. App. 2015):
(2012) 54 Cal.4th 908, 939; see also People v. Szeto (1981) 29 Cal.3d 20, 34 [acknowledging that a prosecutor may not comment on a defendant's failure to testify, but may make fair "comments on the state of the evidence or on the failure of the defense to introduce material evidence or to call logical witnesses"].)
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