Does the Fifth Amendment prohibit the prosecution from commenting on the accused's silence?
MultiRegion, United States of America
The following excerpt is from Jones v. Soto, No. 2:09-cv-03022-JKS (E.D. Cal. 2014):
The Fifth Amendment "forbids either comment by the prosecution on the accused's silence or instructions by the court that such evidence is evidence of guilt." United States v. Robinson, 485 U.S. 25, 30 (1988) (citation omitted). That is, the judge and prosecutor are prohibited "from suggesting to the jury that it may treat the defendant's silence as substantive
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