Criminal Defense Attorneys role

William:

In a recent trial whereby my client was accused of possessing cocaine, the prosecutor stated in closing argument, "...now the judge has told you that the defendant has numerous rights." After regurgitating much of the law that the court had previously explained, the state attorney proceeded to include that "...the defendant has the right to remain silent." Although this is well established law, even included in jury instructions, I felt that opposing counsel was doing this to convey to the jury that my client could have spoken up and should have. Is a prosecutors restating something in the jury instructions tantamount to improperly commenting on a defendant's right to remain silent?

Answer:

Such a statement by the prosecutor is absolutely improper. In fact, Florida courts have consistently held such a statement to be prejudicial. The prosecutor in your case could have had no motive to direct the attention to your client's constitutional right not to testify other than to force jurors to form a question as to why he didn't. Certainly, every juror upon hearing that statement was wondering why your client didn't take the stand. An objection should have been sustained and a motion for mistrial granted.