Is a prosecutor permitted to comment directly or indirectly on a defendant's decision not to testify in their own behalf?

California, United States of America


The following excerpt is from People v. Rodriguez, C072461 (Cal. App. 2014):

The Fifth Amendment to the United States Constitution prohibits a prosecutor from commenting, directly or indirectly, on a defendant's decision not to testify in his or her own behalf. (Griffin v. California (1965) 380 U.S. 609, 613 [14 L.Ed.2d 106] (Griffin).) However, an indirect or brief reference to a defendant's failure to testify, without any suggestion that the jury should infer guilt from the defendant's silence, constitutes harmless error. (People v. Boyette (2002) 29 Cal.4th 381, 455-456.)

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