What is the current state of the law regarding the Fifth Amendment right of a defendant not to testify in a civil case?
MultiRegion, United States of America
The following excerpt is from Doe v. Glazer, 232 F.3d 1258 (9th Cir. 2000):
"It is well established that in a criminal trial a judge or prosecutor may not suggest that the jury draw an adverse inference from a defendant's failure to testify. " United States v. Solano-Godines, 120 F.3d 957, 962 (9th Cir. 1997). However, in civil proceedings adverse inferences can be drawn from a party's invocation of this Fifth Amendment right. See SEC v. Colello, 139 F.3d 674, 677 (9th Cir. 1998).
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