Does a prosecutor who makes a statement before a jury that touches on one defendant's right to silence and representation constitute a constitutional violation?
California, United States of America
The following excerpt is from People v. Bryant, S049596 (Cal. 2014):
However, not every statement made before a jury that touches on one defendant's rights to silence and representation amounts to a constitutional violation. For example, a prosecutor is permitted to comment on the state of the evidence and the defendant's failure to call a logical witness, despite the mere possibility that the statement might also be interpreted as a reference to the defendant's failure to testify. (People v. Thomas (2012) 54 Cal.4th 908, 945.)12
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