The 'Lectric Law Library's Lexicon On
* Right Not To Testify *

 

RIGHT NOT TO TESTIFY - Because the Government has the burden of proof it will go forward and present its testimony and evidence first. After the Government finishes or "rests" its "case in chief," the person may call witnesses and present evidence if he wishes to do so. However, the law does not require a person to prove his innocence or produce any evidence at all, and no inference whatever may be drawn from the election of a person not to testify in the event should he so elect. see FIFTH AMENDMENT


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