CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Self-Incrimination Privilege
.........Comment on Exercise of Privilege
............D. Testif. Inconsist'ly or Incompletely
2 Cards On This Topic:
  • When D elects to testify in his own defense, comment on his failure to explain facts against him does not violate privilege against self-incrimination.
  • D's failure to exercise right to remain silent allows DA to cross-examine D on inconsistencies between statement given police and testimony.