In what circumstances will a prosecutor argue that a defendant's failure to rebut the government's case requires a guilty verdict?

MultiRegion, United States of America

The following excerpt is from U.S. v. Nero, 979 F.2d 856 (9th Cir. 1992):

The prosecutor didn't argue that defendant's failure to rebut the government's case requires a guilty verdict; in fact, both the prosecutor and the judge specifically reminded the jury that the burden of proof was on the prosecution. The prosecutor simply pointed out that the defendant didn't explain certain facts and didn't present certain exculpatory evidence. This is what closing argument is largely about, and it's entirely permissible. United States v. Mares, 940 F.2d 455, 461 (9th Cir.1991).

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