Adverse inferences from a defendants decision


Assignment task: "When a defendant requests a court to instruct the jury that they are to draw no "adverse inferences" from a defendant's decision not to testify, the judge must give that instruction [Carter v. Kentucky (1981)]. When a defendant chooses to assert the right against self-incrimination, any mention by the prosecution of a defendant's failure to testify is grounds for immediate mistrial [Griffin v. California (1965)]"

Answer the following:

Question: Do you think the court's instruction to the jury to draw no "adverse inferences" from a defendant's decision not to testify actually hurts the defendant by calling attention to the failure to testify?

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Business Law and Ethics: Adverse inferences from a defendants decision
Reference No:- TGS03261415

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