Can a prosecutor argue that a defendant has a duty or burden to produce evidence to prove their innocence?

California, United States of America


The following excerpt is from People v. Jimenez, D066212 (Cal. App. 2015):

evidence or on the defense's failure to call logical witnesses, introduce material evidence, or rebut the People's case are generally permissible." (People v. Woods (2006) 146 Cal.App.4th 106, 112.) And "even otherwise prejudicial prosecutorial argument, when made within proper limits in rebuttal to arguments of defense counsel, do[es] not constitute misconduct." (People v. McDaniel (1976) 16 Cal.3d 156, 177.) "However, a prosecutor may not suggest that 'a defendant has a duty or burden to produce evidence, or a duty or burden to prove his or her innocence.' " (Woods, at p. 112.)

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