Can the court instruct the jury that no inference can be drawn from the failure of a defendant to testify?

MultiRegion, United States of America

The following excerpt is from United States v. Russo, 413 F.2d 432 (2nd Cir. 1969):

The court instructed the jury, pursuant to the request of two of appellant's codefendants, that no inference could be drawn from the failure of a defendant to testify. Appellant objected to the instruction and claims that it was error for the court to give it over his objection. The law, however, is just the contrary. Once the codefendants requested the charge it would have been error for the court not to give it. United States v. Kelly, 349 F.2d 720, 768-769 (2d Cir. 1965), cert. denied, 384 U.S. 947, 86 S.Ct. 1467, 16 L.Ed.2d 544 (1966).

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