Does a prosecutor have a right to comment on a defendant's exercise of privilege not to testify?

California, United States of America


The following excerpt is from People v. Mendias, 17 Cal.App.4th 195, 21 Cal.Rptr.2d 159 (Cal. App. 1993):

[17 Cal.App.4th 203] Although a prosecutor may not comment, directly or indirectly, on a defendant's exercise of his privilege not to testify (Griffin v. California (1965) 380 U.S. 609, 85 S.Ct. 1229, 14 L.Ed.2d 106), comment is permitted when a defendant fails "to call an available witness whose testimony would naturally be expected to be favorable." (People v. Ford (1988) 45 Cal.3d 431, 446, 247 Cal.Rptr. 121, 754 P.2d 168. See also People v. Mitcham (1992) 1 Cal.4th 1027, 1049-1051, 5 Cal.Rptr.2d 230, 824 P.2d 1277.)

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