Does a prosecutor's comment regarding a defendant's failure to testify at trial violate the Fifth Amendment?
MultiRegion, United States of America
The following excerpt is from U.S. v. Tarazon, 989 F.2d 1045 (9th Cir. 1993):
A prosecutor's comment regarding a defendant's failure to testify at trial violates the Fifth Amendment. Griffin v. United States, 380 U.S. 609, 611-12, 85 S.Ct. 1229, 1231-32, 14 L.Ed.2d 106 (1965). A prosecutor's comment is impermissible if it is manifestly intended to call attention to the defendant's failure to testify or is of
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