Chapter 15 Closing Argument

• Jurisdiction: United States

Chapter 15 Closing Argument

Commenting on the Evidence (See Chapter 9)

"The court may make such comment on the evidence and the testimony and credibility of any witness as in its opinion is necessary for the proper determination of the cause." (Cal. Const., article VI, §10). A court may not express its views on the ultimate issue of guilt or innocence. People v. Melton (1988) 44 Cal.3d 713. It is not recommended that a judge comment on the evidence. This will only raise an issue for appeal.

Doyle Error

Miranda warnings are customary warnings given by police to criminal suspects advising them of their constitutional right to remain silent and not to make any self-incriminating statements. Once a criminal defendant is arrested and receives Miranda warnings, and asserts the right to remain silent, a prosecutor cannot comment on the defendant's silence nor suggest that the defendant's silence is an indication of guilt. Doyle v. Ohio (1976) 426 U.S. 610. Doyle error occurs when a prosecutor unlawfully comments on a defendant's post-Miranda silence.

The issue presented in Doyle v. Ohio was whether a defendant was capable of being cross-examined regarding his post-Miranda warning silence for the purpose of impeachment. In this case, the two defendants, Doyle and Wood, were convicted for selling marijuana to an informant. During the cross-examination, for impeachment purposes, the prosecutor commented on the defendant's silence, suggesting possible guilt. The court in this case held that such use of a criminal defendant's post-Miranda warning silence as impeachment evidence is inadmissible and violates the defendant's due process rights under the Fourteenth Amendment. Such silence could merely be an exercise of Miranda rights. Doyle v. Ohio (1976) 426 U.S. 610.

Griffin Error

The Fifth Amendment of the U.S. Constitution guarantees the right to protection against self-incrimination. The Constitution grants this right in which no person shall be compelled in any criminal case to be a witness or to testify against him- or herself. No prosecutor or judge can force a defendant to take the witness stand and testify against his or her own self. Griffin error is when a prosecutor unlawfully comments on a defendant's failure to take a witness stand and testify at trial.

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