Is a prosecutor wrong to comment on a defendant's failure to testify during closing argument?
California, United States of America
The following excerpt is from The People v. Verdugo, No. BA105622, S083904 (Cal. 2010):
Defendant contends the prosecutor committed Griffin error when he said during closing argument: "He can't even face you, this defendant, who commits these two brutal, senseless murders." (Griffin v. California (1965) 380 U.S. 609, 613, 615 [it is a U.S. Const., 5th Amend. violation for the prosecution to comment on the defendant's failure to testify].) Defense counsel objected to the prosecutor's argument at the next recess.
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