Is it proper for a prosecutor to comment on the demeanor of a defendant while testifying?
California, United States of America
The following excerpt is from People v. Scherer, A132585 (Cal. App. 2013):
In our case, the defendant took the witness stand. It is perfectly proper for a prosecutor to comment on the demeanor of a defendant while testifying. That is one of the things the jury mayindeed, was instructed toconsider in evaluating the believability of his testimony. (People v. Jackson (1989) 49 Cal.3d 1170, 1205; Evid. Code, 780; CALJIC 2.20 [given to the jury in this case].)
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