A defendant in a criminal trial who does not personally take the witness stand may be relying on his or her Fifth Amendment privilege, especially if the defendant has knowledge of the crime

Question

If a prosecutor were to point out or emphasize to the jury that the defendant must have knowledge of the crime that he or she has not explained, the prosecutor would
A) not be creating a violation of the privilege against self-incrimination due to the fact that the defendant has actually exercised the privilege by not testifying and cannot complain that he was not able to exercise his or her Fifth Amendment privilege.
B) violate the defendant's Fifth Amendment privilege against self-incrimination by offering any adverse comment during a closing statement on a defendant's failure to testify.
C) technically violate the defendant's Fifth Amendment privilege, but the case law holds that this violation is a minor one and will not result in a new trial.
D) not be violating the defendant's Fifth Amendment privilege by pointing out the obvious fact that the defendant did not testify.
E) not be violating the defendant's Fifth Amendment privilege against self-incrimination because the defendant has every opportunity during the defendant's part of the trial to testify and explain the evidence.

Answer 1

B