The Permissibility of Comment on the Defendant's Failure to Testify in His Own Behalf in Criminal Proceedings
Dills, Leslie H.
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Abstract
When the question as to whether or not a prosecuting attorney should be permitted to comment on the failure of the accused in a criminal action to testify in his own behalf first arose in the state of Washington, the Supreme Court rested its decision denying the right to make such comment on a statute. The abrogation of this statute by the Supreme Court under its rule-making power, leaves this question of vital importance in criminal practice open and undecided in this State.