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US-CA10 · jury_instructions

10th Cir. Crim. Pattern Jury Instr. 1.08.1

NON-TESTIFYING DEFENDANT

activein force · 2026-08-19 – presentas-observed

The defendant did not testify and I remind you that you

cannot consider his decision not to testify as evidence of guilt. You

must understand that the Constitution of the United States grants

to a defendant the right to remain silent. That means the right not

to testify. That is a constitutional right in this country, it is very

carefully guarded, and you m ust not presume or infer guilt from

the fact that a defendant does not take the witness stand and

testify or call any witnesses.

Provenance

Source
ca10.uscourts.gov
Retrieved
2026-08-19
Edition
2026-08-19
Content hash
0ac199ae1e69d3942fc23e5c7f916279d4eb65ced79e0401129651c9508f34aa
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10th Cir. Crim. Pattern Jury Instr. 1.08.1 · binding.law