Does a defendant have to testify at trial?

California, United States of America

The following excerpt is from People v. Ifopo, B255922 (Cal. App. 2016):

^6. The prosecutor argued that she had the burden of proof and the defendants are not required to testify. She argued to jurors: "[Y]ou can't hold it against them if they didn't testify." Moreover, jurors were instructed: "A defendant has an absolute constitutional right not to testify. He or she may rely on the state of the evidence and argue that the People have failed to prove the charges beyond a reasonable doubt. Do not consider for any reason at all the fact that the defendant did not testify. Do not discuss that fact during deliberations or let it influence your decision in any way."

^7. Miranda v. Arizona (1966) 384 U.S. 436 (Miranda).

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)

Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (California, United States of America)

When will the trial judge assume that a defendant represented by counsel who does not testify at trial is exercising his Fifth Amendment privilege against self-incrimination? (California, United States of America)

What is the test for a trial judge to proceed with the trial of a defendant under section 1368 of the California Mental Health Act if the trial judge receives the reports of two psychiatrists? (California, United States of America)

What is the test for a defendant to claim that he was deprived of his right to testify at trial by counsel advising him not to testify? (California, United States of America)

Is a prosecutor's comment to the jury that a defendant who refused to testify at trial about his failure to testify prejudicial error harmless? (California, United States of America)

Does a deputy district attorney acquiesce in having the motion heard during the trial of a defendant before trial, rather than prior to trial? (California, United States of America)

When will a court grant a defendant an instruction that cautions the jury that it may not draw an adverse inference from the fact that a defendant has not testified at trial? (California, United States of America)

Does Defendant have a claim that the trial court abused its discretion to treat Defendant as a "defendant" in a medical malpractice case? (California, United States of America)

Is a defendant's failure to testify at the penalty phase an error not to instruct the jury to refrain from drawing any inference from the fact that defendant did not testify at penalty phase? (California, United States of America)

Does a defendant have to testify at trial?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources