Section 14.16 In-Court Comments on Defendant’s Rights

• Library: Evidence 2017

C. (§14.16) In-Court Comments on Defendant’s Rights

If a court determines that a defendant invoked the privilege against self-incrimination, both the Fifth Amendment to the United States Constitution and article I, § 19, of the Missouri Constitution prohibit “not only comments on the failure of a defendant to testify, but also comments which have the effect of compelling a defendant to testify.” State v. Lindsey, 578 S.W.2d 903, 904 (Mo. banc 1979) (citations omitted). This protection continues despite the...