F.3d 355 (3d Cir. 2003). Conversely, a defendant who chooses not to testify may prefer not to have the attention drawn to that fact through an instruction. It is not error to give the jury’s instruction over the objection. 435 U.S. 333, 340-41 See Lakeside v. Oregon, defendant’s (1978). Nevertheless, if the defendant prefers not to have the instruction given, the better practice is to comply with the wishes. 435 U.S. at 340. See Lakeside, defendant’s The instruction contains alternative language to be used in a – “a defendant” – multi-defendant trial where some defendants testify and some do not. The instruction also contains bracketed language to be used when the defendant presents no evidence. If the defendant testifies, Instruction Testimony). see 4.28 (Defendant’s
F.3d 355 (3d Cir. 2003). Conversely, a defendant who chooses not to testify may prefer not to have the jury’s attention drawn to that fact through an instruction. It is not error to give the instruction over the defendant’s objection. See Lakeside v. Oregon, 435 U.S. 333, 340-41 (1978). Nevertheless, if the defendant prefers not to have the instruction given, the better practice is to comply with the defendant’s wishes. See Lakeside, 435 U.S. at 340. The instruction contains alternative language – “a defendant” – to be used in a multi-defendant trial where some defendants testify and some do not. The instruction also contains bracketed language to be used when the defendant presents no evidence. If the defendant testifies, see Instruction 4.28 (Defendant’s Testimony).
2014%20Chapter%204%20final.docx