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User Name | Thread Name | Subject | Posted |
Hobart | BS: Fifth Amendment: Rationale? (29) | RE: BS: Fifth Amendment: Rationale? | 06 May 18 |
No defendant in a criminal trial can be compelled to testify. This protects us all from being tortured. Contrary to McGrath's entry above, Judges will, if asked, instruct the jury that they may not speculate as to why the defendant so chose. In bench (judge only) trial, the judge is obligated to draw no conclusion from a defendant's refusal to testify. |