What is the "dilemma" faced by a defendant in a case where a confession is not admissible?

California, United States of America

The following excerpt is from People v. Lindsey, 103 Cal.Rptr. 755, 27 Cal.App.3d 622 (Cal. App. 1972):

The 'dilemma' referred to is one which faces every defendant when the prosecution introduces damaging evidence on any issue which only the defendant can rebut. He always has the 'dilemma'--or choice of privileges--to remain silent or come forward with his own testimony. Jackson v. Denno did not eliminate that. In every case where the trial judge rules the confession admissible, the defendant has to decide whether he will remain silent or testify in contravention before the jury.

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