Does the Fifth Amendment prohibit the prosecution from commenting on the state of the evidence presented at trial?
California, United States of America
The following excerpt is from The People v. Lincoln, E049269, No. RIF148359 (Cal. App. 2010):
Separately and alternatively, the contention lacks merit. "The Fifth Amendment does not prohibit the prosecution from commenting on the state of the evidence presented at trial, or on the defense's failure to introduce material evidence or to call witnesses other than the defendant. [Citation.]" (People v. Taylor, supra, 48 Cal.4th at p. 633.)
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