Inference of guilt

Tim Robbins

Hi,
Do you know that Act Mcdowell brought in where the jury could infer guilt by the accused not taking the stand in court? What is the status with this law in the US. I remember OJ never took the stand. Were the Jury in that case allowed to infer guilt from him not taking the stand?
rgds

Our man in Havana

Nothing adverse can be taken from the accused not taking the stand. If the defence believes that the prosecution have not met their burden of proof they don't even have to call any witnesses at all and allow the jury to assess the case purely on what evidence the prosecution presented.

Tom Young

Still, in relation to Irish Law, the Inferences from failure of accused person to mention particular facts. S. 30 new 19.A of 1984 CJ Act. As enacted by part 4 of the CJA 2007.

Not great really. I also know this is not what Tim was asking.

Our man in Havana

Mention where? Garda Station, Court? Does this now amount to self incrimination?

Tom Young

Believe it stems from the Garda Station and then a jury takes consideration of same silence. I will post the text tomorrow from notes. Its enactment and extention of the 1984 act, as mentioned above.

johnnyskeleton

Bond-007 wrote:

Mention where? Garda Station, Court? Does this now amount to self incrimination?

When being questioned in relation to the offence, or while being charged/informed they might be prosecuted. I think this includes the words at arrest and also anything said during interview. I would imagine that these sections are more trouble than they are worth because I think a caution is needed before each question is asked and this is would make it a laborious process.