Can a jury rely solely on defendant's failure to testify rather than the testimony of other witnesses?

California, United States of America


The following excerpt is from People v. Ortiz, B243676 (Cal. App. 2014):

Defendant argues that we should give no weight to the testimony of other witnesses because they provided only circumstantial evidence, and as jurors are generally skeptical of circumstantial evidence (see People v. Santana (2000) 80 Cal.App.4th 1194, 1208), it was probably not considered. He also suggests that the jury relied on defendant's failure to testify rather than V.'s testimony, because she was not credible, as demonstrated by internal conflicts in her testimony, gaps in her memory, rebellious

Page 32

Other Questions


Does the Court have to grant immunity to a witness who testified in a witness testimony that the testimony was inconsistent with the instructions? (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)
Does a defendant have any authority for the proposition that the exclusion of testimony based upon the incompetence of the witness or the absence of foundation for the testimony? (California, United States of America)
Can a defendant cross-examine the testimony of a witness who has never been called as a witness? (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)
Is it relevant and proper for a police officer to testify that he witnessed a witness identify a defendant in a lineup? (California, United States of America)
What is the test for giving immunity to a witness who testified in a witness testimony? (California, United States of America)
Can a judge who is a defendant in a civil matter refuse to testify as a witness or witness? (California, United States of America)
When will a jury consider the credibility of a defendant's extrajudicial statements against trial testimony and the physical evidence and testimony of witnesses? (California, United States of America)
Is there any case law in which a defendant has complained of an instruction informing the jury it may reject the testimony of a witness who testified falsely? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.