What is the effect of a direct or indirect comment by a prosecutor on a defendant's failure to testify on his or her own behalf?
California, United States of America
The following excerpt is from People v. Carmony, H039980 (Cal. App. 2014):
4. The foregoing two decisions illustrate the point that Griffin applies both to direct and indirect prosecutorial comments on a defendant's failure to testify on his or her own behalf. (People v. Mincey (1992) 2 Cal.4th 408, 446.)
"The most advanced legal research software ever built."
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.
Other Questions
What are the consequences of direct or indirect comments by a prosecutor on a defendant's failure to testify on his or her own behalf? (California, United States of America)
Is a prosecutor permitted to comment directly or indirectly on a defendant's decision not to testify in their own behalf? (California, United States of America)
Can a prosecutor or the court comment directly or indirectly upon a defendant's failure to testify in his defense? (California, United States of America)
Is a prosecutor permitted to comment directly or indirectly on a defendant's decision not to testify on their own behalf? (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)
Does a prosecutor indirectly comment on a defendant's failure to testify? (California, United States of America)
Can a prosecutor comment on a defendant's failure to testify on his own behalf? (California, United States of America)
Is a prosecutor's comment to the jury that a defendant who refused to testify at trial about his failure to testify prejudicial error harmless? (California, United States of America)
Can a defendant bring a claim against the prosecutor for improper comment on his failure to testify? (California, United States of America)
Is a defendant's failure to testify at the penalty phase an error not to instruct the jury to refrain from drawing any inference from the fact that defendant did not testify at penalty phase? (California, United States of America)
