Can a prosecutor comment directly or indirectly on an accused's right to silence?
California, United States of America
The following excerpt is from People v. Denard, 195 Cal.Rptr.3d 676, 242 Cal.App.4th 1012 (Cal. App. 2015):
" Under the Fifth Amendment of the federal Constitution, a prosecutor is prohibited from commenting directly or indirectly on an accused's invocation of the constitutional right to silence. (People v. Lewis (2001) 25 Cal.4th 610, 670 [106 Cal.Rptr.2d 629, 22 P.3d 392].)" (People v. Tafoya, supra, 42 Cal.4th at p. 184, 64 Cal.Rptr.3d 163, 164 P.3d 590 ; Griffin, supra, 380 U.S. at pp. 614615, 85 S.Ct. 1229.)
"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
How have courts interpreted comments made by a prosecutor in a civil case where the prosecutor suggested that the prosecutor's theories were not the exclusive theories that may be considered by the court? (California, United States of America)
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)
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)
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)
Where an allegation of sexual assault is made directly to the accused in writing, does the accused have to notify the accused of the allegation of a specific violation of his or her due process? (California, United States of America)
Can a prosecutor comment directly or indirectly on the Fifth Amendment? (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)
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)
Can a defendant bring a claim against a prosecutor for misconduct on appeal against the finding that the prosecutor made inappropriate comments about a change in the defense? (California, United States of America)
Does a prosecutor who makes a statement before a jury that touches on one defendant's right to silence and representation constitute a constitutional violation? (California, United States of America)
