NJ · jury_instructions
N.J. Model Criminal Jury Charge, N.J.S.A. Non 2C
Defendant's Election Not to Testify
Revised 5/4/09
DEFENDANT’S ELECTION NOT TO TESTIFY1
As you know, (defendant) elected not to testify at trial. It is his/her constitutional right to
remain silent.
You must not consider for any purpose or in any manner in arriving at your verdict the fact
that (defendant) did not testify. That fact should not enter into your deliberations or discussions in
any manner, at any time.
(Defendant) is entitled to have the jury consider all evidence presented at trial. He/She is
presumed innocent whether or not he/she chooses to testify.
1 The defendant’s individual consent should be obtained when giving this charge. Also, where non-testifying
defendants disagree as to whether the charge should be given, it is preferable to give the charge as to all defendants. See
State v. McNeil, 164 N.J. Super. 27 (App. Div. 1978) and Lakeside v. Oregon, 435 U.S. 333 (1978). See also Malloy v.
Hogan, 378 U.S. 1 (1964); Griffin v. California, 380 U.S. 609 (1965).; State v. McLaughlin, 93 N.J. Super. 435, 439
(App. Div. 1967); N.J.S.A. 2A:84A-17(1); U.S. v. Garguillo, 310 F. 2d 249, 252 (2 Cir. 1962); U.S. v. Kelly, 349 F. 2d
720, 769 (2 Cir. 1965), cert. denied 384 U.S. 947 (1966); State v. De Stasio, 49 N.J. 247 (1967).
History
Revised 5/4/09
Provenance
- Source
- njcourts.gov
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
ed05f26395aadc10fc55b2c9f324cc6d8bfa0ab4c4cebed964f3097422607491
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