US-CA8 · jury_instructions
8th Cir. Model Jury Instr. (Criminal) 12.14
Defendant's Right Not to Testify
The defendant did not testify. There is no burden upon a defendant to prove that he or she should not be sentenced to death. The burden is entirely on the [government] [prosecution] to prove that a sentence of death is justified. Accordingly, the fact that [a] defendant did not testify must not be considered by you in any way, or even discussed, in arriving at your decision.
Provenance
- Source
- juryinstructions.ca8.uscourts.gov
- Retrieved
- 2026-08-19
- Edition
- 2026-08-19
- Content hash
4a4b9c905b055beabea86a08d7b1f316a999eb97149f384525d50abaf9094681
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