Does a refusal to allow a defendant to present a legally insufficient defense constitute a deprivation of his Fifth Amendment right to testify in his own behalf?

MultiRegion, United States of America

The following excerpt is from U.S. v. Albizu, 107 F.3d 4 (2nd Cir. 1997):

We note additionally that we have previously held that the refusal to allow a defendant to present a legally insufficient defense does not constitute a deprivation of his Fifth Amendment right to testify in his own behalf. See Alicea, 837 F.2d at 107. We again reject this argument. We also reject Albizu's argument that the preclusion of the duress defense violated Albizu's Sixth Amendment right to a jury trial: a defendant simply has no constitutional right to present a jury with legally insufficient evidence. See United States v. Bailey, 444 U.S. 394, 416 (1980).

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