When the question as to whether or not a prosecuting attorney should be permitted to comment on the failure of the accused in a criminal action to testify in his own behalf first arose in the state of Washington, the Supreme Court rested its decision denying the right to make such comment on a statute. The abrogation of this statute by the Supreme Court under its rule-making power, leaves this question of vital importance in criminal practice open and undecided in this State.
Leslie H. Dills,
The Permissibility of Comment on the Defendant's Failure to Testify in His Own Behalf in Criminal Proceedings,
Wash. L. & Rev.
Available at: https://digitalcommons.law.uw.edu/wlr/vol3/iss4/1