Does a defendant have privilege not to call the witness?
California, United States of America
The following excerpt is from People v. Bittaker, 259 Cal.Rptr. 630, 48 Cal.3d 1046, 774 P.2d 659 (Cal. 1989):
31 Our recent opinion in People v. Ford (1988) 45 Cal.3d 431, 247 Cal.Rptr. 121, 754 P.2d 168, concerned a different situation. In that case the witness had a privilege not to testify. The majority held that since the witness had not actually asserted that privilege, the prosecutor could comment on the defendant's failure to call the witness. Here it is the defendant who has a privilege not to call the witness.
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