Does a criminal defendant's silence at trial effectively waives his right to testify on his own behalf?

MultiRegion, United States of America

The following excerpt is from Stephens v. State of Cal., 28 F.3d 108 (9th Cir. 1994):

A criminal defendant's silence at trial effectively waives his right to testify on his own behalf. United States v. Nohara, 3 F.3d 1239, 1244 (9th Cir.1993); United States v. Edwards, 897 F.2d 445, 447 (9th Cir.), cert. denied, 498 U.S. 1000 (1990); United States v. Martinez, 883 F.2d 750, 758 (9th Cir.1989), vacated on other grounds, 928 F.2d 1470, cert. denied, 111 S.Ct. 2886 (1991). The court is under no duty to inform the defendant of his right to testify, nor to ensure that this right has been waived on the record. Nohara, 3 F.3d at 1244.

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