New York Jury Instructions - Defendant's Failure to Testify
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FAQ
Invoke the their Fifth Amendment protection. The Framers included this amendment to protect both the guilty and the innocent. And, in a criminal case, the defendant's refusal to testify cannot be used against him. The jury is specifically instructed that they are to draw no adverse conclusions from this fact.
' The Court holds that upon a defendant's proper request, a state trial judge has a constitutional obligation to instruct the jury that no adverse inference is to be drawn from the defendant's failure to testify.
The Fifth Amendment breaks down into five rights or protections: the right to a jury trial when you're charged with a crime, protection against double jeopardy, protection against self-incrimination, the right to a fair trial, and protection against the taking of property by the government without compensation.
Scholars consider the Fifth Amendment as capable of breaking down into the following five distinct constitutional rights: The right to indictment by the grand jury before any criminal charges for felonious crimes. A prohibition on double jeopardy. A right against forced self-incrimination.
It is not required that the government prove guilt beyond all possible doubt. A reasonable doubt is a doubt based upon reason and common sense and is not based purely on speculation. It may arise from a careful and impartial consideration of all the evidence, or from lack of evidence.
The fact that a defendant did not testify may not be considered by the jury as proof that the defendant committed the crime. The defense may also waive his case.
The 'missing witness' instruction allows a jury to draw an unfavorable inference when a party fails to call a witness who would normally be expected to support that party's version of events (People v Savinon, 100 NY2d 192, 196 [2003]).
What happens if a juror does not report for jury service? Jury duty, like paying taxes, is mandatory. Skipping jury duty can result in civil or criminal penalties. In addition, anyone who skips jury service will be assigned a new date for future jury service.