What is the test for using a defendant's "right to silence" in a civil case?
California, United States of America
The following excerpt is from People v. Mobley, 2d Crim. No. B288173 (Cal. App. 2019):
It is fundamentally unfair to use the invocation of the defendant's rights to remain silent and to counsel against him. (People v. Crandell (1988) 46 Cal.3d 833, 878.) Comment that penalizes the exercise of those rights is also prohibited. (Ibid.)
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