MT · jury_instructions
Mont. Crim. Jury Instr. 1-122 (2022)
Constitutional Right of Defendant Not to Testify
In deciding whether or not to testify, the Defendant may choose to rely on the state of the evidence and upon the failure, if any, of the State to prove beyond a reasonable doubt every essential element of the charge against him.
A Defendant in a criminal trial has a constitutional right not to testify. You must not draw any inference from the fact that a Defendant does not testify. Further, you must neither discuss this matter nor permit it to enter into your deliberations in any way.
Provenance
- Source
- courts.mt.gov
- Retrieved
- 2026-08-20
- Edition
- 2009
- Content hash
778fe83ba7439db836077a3627c78d16cca3b4e3383656c96f2da4d5044f121d
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