Question

If a defendant refuses to testify at trial, the jury is not allowed to consider the failure to testify as an indication that the defendant is guilty."

a) True

b) False

Answer 1

The statement is True. According to the Fifth Amendment, individuals have the right to remain silent and not incriminate themselves. Therefore, if a defendant refuses to testify at trial, the jury cannot consider their failure to testify as evidence of guilt.

Step-by-step explanation:

The statement is True.

According to the Fifth Amendment of the Constitution, individuals have the right to remain silent and not give evidence in court or to law enforcement officers that might incriminate themselves.

This provision is commonly known as "taking the Fifth." As a result, if a defendant refuses to testify at trial, the jury is not allowed to consider their failure to testify as evidence of guilt. This protection against self-incrimination is a fundamental right guaranteed by the Constitution.