6. Prosecutor's Comments on Defendant's Silence Flashcards
1
Q
When may Prosecutor make comments on Defendant’s silence?
A
D’s silence BEFORE Miranda warnings are given
In response to D’s lawyer asserting D had no opportunity to explain his side of the story
2
Q
When may Prosecutor not make comments on Defendant’s silence?
A
D’s silence AFTER Miranda warnings are given
D’s failure to testify at trial
3
Q
May penalties be imposed for failing to testify?
A
No
