As you know, (defendant) elected not to testify at trial. It is his/her constitutional right to
remain silent.
You must not consider for any purpose or in any manner in arriving at your verdict the fact
that (defendant) did not testify. That fact should not enter into your deliberations or discussions in
any manner, at any time.
(Defendant) is entitled to have the jury consider all evidence presented at trial. He/she is
presumed innocent even if he/she chooses not to testify.
Malloy v. Hogan, 378 U.S. 1 (1964).
Griffin v. California, 380 U.S. 609 (1965).
State v. McLaughlin, 93 N.J. Super. 435, 439 (App. Div. 1967).
N.J.S. 2A:84A-17(1).
U.S. v. Garguillo, 310 F. 2d 249, 252 (2 Cir. 1962).
U.S. v. Kelly, 349 F. 2d 720, 769 (2 Cir. 1965), cert. denied 384 U.S. 947 (1966).
State v. De Stasio, 49 N.J. 247 (1967).
1
The defendant’s individual consent should be obtained when giving this charge. Also, where non-
testifying defendants disagree as to whether the charge should be given, it is preferable to give the charge as to all
defendants. See State v. McNeil, 164 N.J. Super. 27 (App. Div. 1978) and Lakeside v. Oregon, 435 U.S. 333 (1978).
