Does the self-incrimination clause apply to defendants who have not given evidence at trial?

MultiRegion, United States of America

The following excerpt is from U.S. v. Parness, 503 F.2d 430 (2nd Cir. 1975):

'The defendants were not required to testify or to present any case at all, and the jury could not permissibly draw an adverse inference simply from their failure to take the stand. But the self-incrimination clause does not elevate a defendant's silence, . . . to the level of a convincing refutation. When a defendant has offered no (credible explanation), it may be reasonable for a jury to draw inferences from the prosecution's evidence which would be impermissible if the defendant had supplied a credible exculpatory version . . ..'

Cf. United States v. Sheiner, 410 F.2d 337, 340 (2 Cir.), cert. denied, 396 U.S. 825 (1969).

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