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MMLU / A defendant was charged with attempting to possess and distribute narcotics. The…

Problem

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question

A defendant was charged with attempting to possess and distribute narcotics. The defendant was arrested after allegedly trying to purchase several kilos of heroin from an undercover government agent. At trial, the undercover agent testified about the defendant's efforts to arrange the drug transaction. The defendant's defense, on the other hand, consisted entirely in attacking the undercover agent's credibility. During his summation, the prosecuting attorney, over defendant's objections, stated that he had produced the only witness who was willing to take the stand and testify to what occurred at the meeting when the undercover agent arrested the defendant. Based on the undercover agent's uncontradicted testimony, the prosecuting attorney urged the jury to convict the defendant. The defendant was convicted and, on appeal, argued that the judge erred in permitting the prosecutor's statement. The defendant's conviction should be

choices

  1. reversed, because the prosecutor's remarks constituted improper comment about the defendant's right to testify.
  2. reversed, because the prosecutor's remarks were not proper rebuttal to defense attacks on the undercover agent's credibility.
  3. affirmed, because it is immaterial; the probative value of the defendant's failure to testify is outweighed by the danger of unfair prejudice.
  4. affirmed, because the prosecutor had the right to express the strength of the evidence he had pursued.

subject

professional_law

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Source and history

task_id
81cf3693-e17b-50e5-93ac-df528a2f9037
task_key
all--test--81cf3693-e17b-50e5-93ac-df528a2f9037
task_revision_id
1
config / split
all / test

Official source

initial import