Is there any error in giving instructions regarding a defendant's right to remain silent?

California, United States of America


The following excerpt is from People v. Mendoza, 192 Cal.App.3d 667, 238 Cal.Rptr. 1 (Cal. App. 1987):

In People v. Young (1978) 85 Cal.App.3d 594, 149 Cal.Rptr. 524 another division of this court had an opportunity to decide the question now confronting us. The court there noted the "debatable" benefit of instructions regarding a defendant's right to remain silent but nevertheless concluded there was no error in giving them, either sua sponte or at the prosecution's request, when the defendant makes no objection. (Id., at p. 609, 149 Cal.Rptr. 524.) The court reasoned that "[p]resumably, if the defendant perceives a danger in the instruction, he will object. If he declines to object any prejudice is speculative since it is possible that the instruction actually worked to the defendant's advantage." (Id.)

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