§ 1-7 Defendant Not Testifying

• Library: South Carolina Requests to Charge - Criminal (SCBar) (2012 Ed.)

§ 1-7 Defendant Not Testifying

The defendant in this case has not testified. This is his constitutional right. It is not a circumstance you can take into consideration, or even allow to enter into your discussion in the jury room. Under the Constitution of South Carolina and the United States Constitution, it is the defendant's constitutional right not to testify. The burden of proof is upon the State of South Carolina to establish his guilt by competent evidence beyond a reasonable doubt.

The fact the defendant did not take the witness stand and testify in his own behalf does not create any inference against him. The jury must not permit that fact to weigh in the slightest degree against this defendant, nor should this fact enter into the discussions or deliberations of the jury in any manner.

U.S. Const. Amend. V; S.C. Const. Art. I, § 12 ("No person shall be subject for the same offense to be twice put in jeopardy of life or liberty, nor shall any person be compelled in any criminal case to be a witness against himself."); Doyle v. Ohio, 426 U.S. 610, 96 S.Ct. 2240, 49 L.Ed.2d 91 (1976) (holding an accused has the right to remain silent and the exercise of that right cannot be used against him); State v Robinson,

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