What is the impact of a jury's comments on a defendant's failure to testify on the night of the trial?
California, United States of America
The following excerpt is from People v. Brooks, 219 Cal.Rptr.3d 331, 3 Cal.5th 1, 396 P.3d 480 (Cal. 2017):
the jury responded soon afterward on the following morning. Any discussion of defendant's failure to testify was likely to have been brief and innocuous. (Cf. People v. Loker (2008) 44 Cal.4th 691, 749, 80 Cal.Rptr.3d 630, 188 P.3d 580 [jurors' comments on defendant's failure to testify were brief and had no impact on their penalty determination].)
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