Does a jury need to consider whether a defendant has failed to testify in a civil case?
California, United States of America
The following excerpt is from People v. Brooks, 219 Cal.Rptr.3d 331, 3 Cal.5th 1, 396 P.3d 480 (Cal. 2017):
defendant. (See People v. Leonard (2007) 40 Cal.4th 1370, 1425, 58 Cal.Rptr.3d 368, 157 P.3d 973 [purpose of prohibiting jurors from considering a defendant's failure to testify "is to prevent the jury from drawing adverse inferences against the defendant"].)
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