US-CA6 · jury_instructions
6th Cir. Pattern Crim. Jury Instr. 7.02A
DEFENDANT'S ELECTION NOT TO TESTIFY OR PRESENT EVIDENCE
(1) A defendant has an absolute right not to testify [or present evidence]. The fact that he did not testify [or present any evidence] cannot be considered by you in any way. Do not even discuss it in your deliberations.
(2) Remember that it is up to the government to prove the defendant guilty beyond a reasonable doubt. It is not up to the defendant to prove that he is innocent.
Use Note
The bracketed language in paragraph (1) should be included when the defense has not presented any evidence.
If there is more than one non-testifying defendant, and some, but not all, the defendants request this instruction, it should be given in general terms without using the defendants' names.
Provenance
- Source
- ca6.uscourts.gov
- Retrieved
- 2026-08-19
- Edition
- 2026-08-19
- Content hash
ee0d9e50f23389b19574091bbe4f106d5632e7cf6fed0f8753619d76ef2fa306
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