Does the prosecution have the right to comment on the failure of the defense to introduce material evidence?
California, United States of America
The following excerpt is from People v. Linden, G057929 (Cal. App. 2020):
11. The prosecution has the right to comment on the failure of the defense to introduce material evidence or failure to call logical witnesses. (People v. Medina (1995) 11 Cal.4th 694, 755.) The trial court's action here represented an abundance of caution.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a prosecutor make comments on the state of the evidence or on the defense's failure to call logical witnesses or introduce material evidence? (California, United States of America)
Does a prosecutor have to comment on the state of the evidence or on the failure of the defense to introduce material evidence or call logical witnesses? (California, United States of America)
Does the failure of the defense to introduce material evidence at trial constitute failure to testify? (California, United States of America)
When a prosecutor makes a closing argument about the failure of the defense to introduce material evidence, what is the state of the evidence? (California, United States of America)
Is a judge's comment on the evidence that the defense argued that the evidence presented before the jury was "objectionable to the prosecution" sufficient to constitute misconduct? (California, United States of America)
Is it improper to comment upon a defendant's failure to introduce material evidence or to call logical witnesses? (California, United States of America)
Is it improper for a prosecutor to comment upon a defendant's failure to introduce material evidence or call logical witnesses? (California, United States of America)
What is the legal test for a prosecution failure to disclose material evidence to the defense? (California, United States of America)
What is the defense argument that the prosecution suppressed material evidence that might have been favorable to the defense? (California, United States of America)
How have the courts treated defense counsel's failure to introduce material evidence in closing argument? (California, United States of America)
