Is a prosecutor entitled to comment on a defendant's failure to present witnesses?
MultiRegion, United States of America
The following excerpt is from U.S. v. Hill, 953 F.2d 452 (9th Cir. 1991):
The government responds by pointing out that, in context, the comments of the prosecutor do no more than respond to comments of defense counsel. A prosecutor is entitled to comment on a defendant's failure to present witnesses so long as it is not phrased as to call attention to the defendant's own failure to testify. United States v. Castillo, 866 F.2d 1071, 1083 (9th Cir.1989); see also United States v. Yu-Chong, 920 F.2d 594, 598 (9th Cir.1990).
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