What is the meaning of a comment on the failure of a defendant to testify?
California, United States of America
The following excerpt is from People v. Memro, 11 Cal.4th 786, 12 Cal.App.4th 783, 47 Cal.Rptr.2d 219, 905 P2d 1305 (Cal. 1995):
We examine whether there is a reasonable likelihood that the jury would have understood the remark to be a comment on defendant's failure to testify. (People v. Clair, supra, 2 Cal.4th 629, 663, 7 Cal.Rptr.2d 564, 828 P.2d 705.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a prosecutor's comment to the jury that a defendant who refused to testify at trial about his failure to testify prejudicial error harmless? (California, United States of America)
Is a defendant's failure to testify at the penalty phase an error not to instruct the jury to refrain from drawing any inference from the fact that defendant did not testify at penalty phase? (California, United States of America)
Is a defendant entitled to damages if the prosecutor improperly commented upon defendant's failure to testify? (California, United States of America)
Is a prosecution's argument commenting on defendants' failure to testify permissible? (California, United States of America)
Can a defendant bring a claim against the prosecutor for improper comment on his failure to testify? (California, United States of America)
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)
Is a prosecutor wrong to comment on a defendant's failure to testify during closing argument? (California, United States of America)
Can the prosecution comment upon a defendant's failure to testify in his or her own behalf? (California, United States of America)
Does comment on a criminal defendant's failure to testify constitute a Fifth Amendment privilege? (California, United States of America)
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)
