California, United States of America
The following excerpt is from People v. Gordon, C061813, C061814 (Cal. App. 2012):
The Fifth Amendment to the United States Constitution prohibits a prosecutor from commenting, directly or indirectly, on a defendant's decision not to testify on his or her own behalf. (Griffin, supra, 380 U.S. at pp. 612-613 [14 L.Ed.2d at pp. 108-109].) However, an indirect or brief reference to a defendant's failure to testify, without any suggestion that the jury should infer guilt from the defendant's silence, constitutes harmless error. (People v. Boyette (2002) 29 Cal.4th 381, 455-456.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.