Does a prosecutor improperly comment on a defendant's silence in their closing argument violate the Fifth Amendment?

California, United States of America


The following excerpt is from People v. Johnson, 190 Cal.Rptr.3d 536, 353 P.3d 266, 61 Cal.4th 734 (Cal. 2015):

Defendant acknowledges that our case law establishes that the prosecutor's argument was proper. But he insists, however, that the argument was improper under the facts of this case because the prosecutor seized upon a matter for which defendant put forth no evidence, thereby violating fundamental fairness and due process. We construe defendant's argument to mean that the prosecutor, in this context, improperly commented on his silence, in violation of Griffin v. California (1965) 380 U.S. 609, 85 S.Ct. 1229, 14 L.Ed.2d 106, which holds that a prosecutor's comment on a defendant's failure to testify violates the Fifth Amendment. But we have previously rejected this kind of claim, explaining that the prosecutor simply noted the lack of evidence and did not refer to defendant's silence and that a prosecutor is entitled during closing argument to highlight a defendant's lack of remorse, and doing so does not necessarily violate Griffin. (People v. Brady (2010) 50 Cal.4th 547, 585, 113 Cal.Rptr.3d 458, 236 P.3d 312.)

Other Questions


Does a prosecutor's comment on a defendant's silence violate the Fifth Amendment? (California, United States of America)
Does the Fifth Amendment prohibit a prosecutor from commenting to a jury on a defendant's silence? (California, United States of America)
Is there a reasonable likelihood that a prosecutor's comment at the closing argument was directed solely at the persuasive force of defense counsel's closing argument? (California, United States of America)
Does the Fifth Amendment prohibit comment on the silence of a defendant? (California, United States of America)
Can a prosecutor make an improper comment on appellant's assertion of his Fifth Amendment right not to testify? (California, United States of America)
Does Defendant have a right to object to the prosecutor's comments on the evidence in their closing argument? (California, United States of America)
Is a defendant entitled to damages if the prosecutor improperly commented upon defendant's failure to testify? (California, United States of America)
When a prosecutor makes an argument that the prosecutor was aware of the facts to the jury in a death penalty case, is it improper or improper? (California, United States of America)
Does a defendant have a claim that a prosecutor made improper racial references in the prosecutor's guilt phase argument to the jury? (California, United States of America)
Is a prosecutor wrong to comment on a defendant's failure to testify during closing argument? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.