FL · jury_instructions
Fla. Std. Jury Instr. (Crim.) 3.9(a)
DEFENDANT NOT TESTIFYING
Give either paragraph, or both, if defendant requests.
The constitution requires the State to prove its accusations against the defendant. It is not necessary for the defendant to disprove anything. Nor is the defendant required to prove [his] [her] innocence. It is up to the State to prove the defendant’s guilt by evidence.
The defendant exercised a fundamental right by choosing not to be a witness in this case. You must not view this as an admission of guilt or be influenced in any way by [his] [her] decision. No juror should ever be concerned that the defendant did or did not take the witness stand to give testimony in the case.
Provenance
- Source
- floridabar.org
- Retrieved
- 2026-08-18
- Edition
- 2026-08-18
- Content hash
7df626013def125e33b7f8b2fc6713e9585b6ff7c10c2a7358663c5531f4d025
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