Can a defendant in a state court require an instruction that his failure to testify must be disregarded by the jury?

California, United States of America


The following excerpt is from People v. Bernal, 254 Cal.App.2d 283, 62 Cal.Rptr. 96 (Cal. App. 1967):

The court did expressly decline to state whether a defendant in a state court may require an instruction that his failure to testify must be disregarded by the jury, although such is the law in federal courts. See Bruno v. United States, 308 U.S. 287, 60 S.Ct. 198, 84 L.Ed. 257.

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