Is a comment upon a defendant's right to remain silent a constitutional violation?
California, United States of America
The following excerpt is from People v. Carrillo, B247243 (Cal. App. 2015):
defendant's specific constitutional rights - such as a comment upon the defendant's invocation of the right to remain silent - but is otherwise worthy of condemnation, is not a constitutional violation unless the challenged action ' "so infected the trial with unfairness as to make the resulting conviction a denial of due process." ' [Citation.]" (People v. Riggs (2008) 44 Cal.4th 248, 298.)
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