Is a prosecution's argument in closing that a defendant failed to call a witness a fair comment on the evidence?
California, United States of America
The following excerpt is from People v. Anders, D067070 (Cal. App. 2015):
(1995) 11 Cal.4th 694, 755 (Medina); see id. at p. 758 [prosecutor's argument in closing that defendant failed to call a witness is "a fair comment on the evidence"].) In contrast, the prosecution may not suggest that " 'a defendant has a duty or burden to produce evidence, or a duty or burden to prove his or her innocence.' " (People v. Young (2005) 34 Cal.4th 1149, 1196.)
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