Question:
Florida law states that the prosecution cannot make a statement in closing argument that would be "fairly susceptible" of being viewed as referring to the defendant's failure to testify. I'm wondering if, in light of that, the following statement would be allowed in closing:
"Mr. Baez, in his opening, promised that you would hear evidence of an incident of forced oral sex between Casey and George, that occurred when Casey was 13 years old. But no such evidence was presented."
Florida law states that the prosecution cannot make a statement in closing argument that would be "fairly susceptible" of being viewed as referring to the defendant's failure to testify. I'm wondering if, in light of that, the following statement would be allowed in closing:
"Mr. Baez, in his opening, promised that you would hear evidence of an incident of forced oral sex between Casey and George, that occurred when Casey was 13 years old. But no such evidence was presented."