THE RIGHT TO COMMENT ON THE FAILURE OF THE DEFENDANT TO TESTIFY

Authors

Andrew A. Bruce, Northwestern University

Abstract

In 1931 the American Law Institute adopted a resolution to the effect that "The judge, the prosecuting attorney and counsel for the defense may comment upon the fact that the defendant did not testify."

In the same year the American Bar Association resolved: "That by law it should be permitted to the prosecution to comment to the jury on the fact that a defendant did not take the stand as a witness; and to the jury to draw the reasonable inferences."

Recommended Citation

Andrew A. Bruce, THE RIGHT TO COMMENT ON THE FAILURE OF THE DEFENDANT TO TESTIFY, 31 Mich. L. Rev. 226 (1932).
Available at: https://repository.law.umich.edu/mlr/vol31/iss2/6