Amends section 13 of Article I, and section 19 of Article VI, of Constitution. Declares in any criminal case, whether defendant testifies or not, court and counsel may comment on his failure to explain or deny any evidence against him. Declares court may instruct jury regarding law applicable to facts of case, and comment on evidence, testimony and credibility of any witness. Requires court inform jury in all cases that jurors are exclusive judges of all questions of fact submitted to them and of credibility of witnesses.
Popular Vote Results
Y: 1087932; A: 72.8; N: 406287; B: 27.2
Code Sections Affected
Amended Cal. Const. art. I, section 13. Amended Cal. Const. art. VI, section 19.
Arthur S. Bent, President, Bent Bros., Inc., Los Angeles; S. G. Tompkins, Attorney-at-Law, San Jose
PERMITTING COMMENT ON EVIDENCE AND FAILURE OF DEFENDANT TO TESTIFY IN CRIMINAL CASES California Proposition 5 (1934).