Does a jury need to consider whether a defendant's failure to testify is evidence of his guilt?
California, United States of America
The following excerpt is from People v. Brooks, 2 Cal.5th 674, 216 Cal.Rptr.3d 528, 393 P.3d 1 (Cal. 2017):
might be likely to construe the defendant's failure to testify as further evidence of his guilt. The jury's request to hear from defendant in this case, was " not the same as punishing [defendant] for not testifying. " (People v. Leonard, supra , 40 Cal.4th at p. 1425, 58 Cal.Rptr.3d 368, 157 P.3d 973.)
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