Sec. 54-84. Testimony or silence of accused.
Sec. 54-84. Testimony or silence of accused. (a) Any person on trial for crime
shall be a competent witness, and at his or her option may testify or refuse to testify
upon such trial. The neglect or refusal of an accused party to testify shall not be commented upon by the court or prosecuting official, except as provided in subsection (b)
of this section.
(b) Unless the accused requests otherwise, the court shall instruct the jury that they
may draw no unfavorable inferences from the accused's failure to testify. In cases tried
to the court, no unfavorable inferences shall be drawn by the court from the accused's
silence.
(1949 Rev., S. 8800; 1971, P.A. 237; 871, S. 122; P.A. 77-360; P.A. 80-313, S. 44.)
History: 1971 acts applied provisions equally with respect to either spouse where previously applicable only to wives
receiving personal violence from husbands or to women charged with violation of specified sections; P.A. 77-360 prohibited
comment upon neglect or refusal to testify "by the court or prosecuting official, except as provided in subsection (b) of
this section" rather than comments "to the court or jury" and added Subsec. (b); P.A. 80-313 deleted provisions re spouse's
competency as witness and option to testify or not except in cases involving violence against spouse or specified violations
where testimony may be compelled, but see Sec. 54-84a.
See Sec. 54-84a re spouse's privilege to refuse to testify against his or her husband or wife.
Communication between husband and wife not privileged to extent of preventing one who overhears them from testifying thereto. 47 C. 540. Voluntary statements of accused before coroner or grand jury in no sense compulsory and are
admissible in evidence. 56 C. 399. Attacking credit of accused where he does testify. 67 C. 290; 76 C. 94; 87 C. 22; 88 C.
150; 89 C. 417. Certain comments by state's attorney not objectionable. 73 C. 100; 96 C. 291. Commenting on refusal not
always ground for new trial; accused must at once object. 79 C. 477. Effect of testimony by one of two jointly indicted.
82 C. 59. Remark by state's attorney in arguing question of evidence while putting in his own case, held not within rule.
83 C. 455. In absence of request, court need not charge as to rule. 90 C. 132. Proper course for accused to take to insure
his rights under this rule. 96 C. 291. For charge under this rule, see 108 C. 463; but see 127 C. 592; does not prevent
inference being drawn from failure to testify; but such failure must not be commented upon. 108 C. 463. Cited. 109 C.
134; Id., 497. For violence received from husband before marriage wife may refuse to testify against him. 113 C. 291.
Court may comment to jury on failure of accused to testify. 119 C. 35; 127 C. 591. But see 154 C. infra. Reference by
state's attorney to fact defendant's attorney offered no testimony to refute state's witnesses, not a violation of this section.
130 C. 549. Court may take into consideration failure of an accused to testify only if state has made out a prima facie case
against him. 139 C. 124. Does not preclude cross-examination of the accused as to inconsistent statements made to spouse.
145 C. 60. It is violation of fifth and fourteenth amendments for court to comment on failure of defendant in a criminal
trial to testify. 154 C. 41. Interpretation before Griffin v. California, 380 U.S. 609. Id. Cited. 171 C. 12; Id., 586. Section
gives witness' spouse option of testifying against accused spouse. 172 C. 37. Cited. Id., 74. Cited. 179 C. 327. Cited. 197
C. 369. Cited. 201 C. 462. Cited. 206 C. 621. Cited. 223 C. 52. Cited. 229 C. 516. Cited. 233 C. 813. Prosecutorial comments
on defendant's exercise of right not to testify discussed. 243 C. 324. State's attorney's comment in closing argument that
"I gave you everything I had" not seen as comment on defendant's failure to testify. 244 C. 547.
Cited. 9 CA 169; judgment reversed, see 205 C. 370. Cited. 13 CA 386. Cited. 16 CA 264. Cited. 22 CA 321. Cited.
24 CA 642. Cited. 27 CA 601. Cited. 28 CA 369. Cited. 33 CA 126. Cited. 34 CA 250. Use of term "unfair" in lieu of term
"unfavorable" inference discussed. 36 CA 41. Cited. 39 CA 96. Legislature could not have intended that instructions to
venire panel would comply with dictates of this section to give instructions to jury. 60 CA 301. Although the recorded
out-of-court statement of defendant was not equivalent of in-court testimony where defendant puts his credibility in issue,
prosecutor's admonition to jury to consider defendant's interest in the outcome of the case when evaluating defendant's
statement was not a forbidden indirect comment on defendant's decision not to testify. 78 CA 535. Defendant's right to a no
adverse inference instruction was violated by court's postcharge, supplemental instruction that materially and substantially
misstated the nature of defendant's privilege not to testify. 83 CA 811. Prosecutor's statement that sexual assault cases
are often decided on credibility of victim or defendant was not an improper comment on defendant's failure to testify. 86
CA 641.
Where state's case rested entirely on defendant's testimony, held it was error not to inform defendant of his privilege
against self-incrimination. 24 CS 353. Defendant does not have option to refuse to testify in civil proceeding for homicide
by automobile on ground that he may be subject to criminal prosecution for some facts. 28 CS 59. Cited. 33 CS 505; Id., 700.
Defendant's failure to bring timely objection re comments on his refusal to testify results in waiver of right. 2 Conn.
Cir. Ct. 68. Charge to jury that, if they concluded there was such a strong probability of defendant's guilt that denial or
explanation by him was reasonably called for, then they would be entitled to consider his failure to testify, held in violation
of due process and constituted reversible error. 3 Conn. Cir. Ct. 463, 464. Any comment by presiding judge or counsel
forbidden. 4 Conn. Cir. Ct. 520, 522, 523. Court's refusal to charge jury that no inference of guilt could be drawn or sinister
meaning attached to defendant's failure to testify, proper. Id. Cited. 5 Conn. Cir. Ct. 181. Defendants who took stand for
limited purpose of testifying new counsel represented them entitled to assistance of counsel when questioning of them
broadened out to other matters. Id., 242.
Subsec. (a):
Cited. 206 C. 300. Cited. 213 C. 422. Cited. 222 C. 469.
Cited. 7 CA 292. Cited. 26 CA 674. Cited. 27 CA 643.
Subsec. (b):
Even though defense counsel did not object to the court's failure to give the "no unfavorable inference" instruction,
the judgment was set. 182 C. 330. Cited. Id., 403. Failure to follow mandate of statute is reversible error despite failure to
make a timely request or objection. Id., 580. Cited. 183 C. 444. Cited. 188 C. 681. Cited. 190 C. 1. Use of "unreasonable"
instead of "unfavorable" in jury instruction constituted harmful error. 194 C. 594. Cited. 195 C. 421; Id., 444. Cited. 197
C. 574; Id., 588. Cited. 198 C. 77. Cited. 199 C. 322. Cited. 201 C. 659. Cited. 209 C. 636. Cited. 210 C. 751. Cited. 227
C. 910. Harmless error analysis applied to erroneous instruction under the statute; judgment of appellate court, State v.
Yurch, 31 CA 688, 690, reversed. 229 C. 516. In context of entire jury charge re defendant's decision not to testify, reference
to defendant's "failure to testify" was neither negative in substance nor improper; phrase "unless the defendant requests
otherwise" does not obligate court to use defendant's requested language. 255 C. 581.
Cited. 5 CA 79. Cited. 6 CA 124. Cited. 7 CA 477. Cited. 10 CA 302. Cited. 11 CA 425. Cited. 15 CA 342; Id., 749.
Cited. 17 CA 490. Cited. 19 CA 48; Id., 618. Cited. 20 CA 721. Cited. 21 CA 162. Cited. 23 CA 28; Id., 151. Cited. 28
CA 290. Cited. 31 CA 688; judgment reversed, see 229 C. 516. Total omission of "no adverse interference" instruction is
plain error that is not subject to harmless error analysis. 33 CA 126. Cited. 34 CA 153. Trial court's charge did not comply
with requirements of statute because of improper reference to loss of defendant's presumption of innocence. Id., 250.
Cited. 37 CA 672. Court will not infer a waiver of the mandatory instruction from defendant's silence. 59 CA 426. Where
counsel had requested omission of instruction under this section in the jury charge, it was not error for court to fail to
inquire expressly of defendant if he also wanted the court to omit the instruction. 64 CA 340. Since trial court's instruction
to jury not to draw any unfavorable inference from the fact that defendant did not testify given in the context of instructions
concerning how jury was to find facts in general did not clearly inform jury that it could not use defendant's silence as a
factor in its verdict and did not satisfy the statutory requirement that court convey a specific instruction to jury that no
unfavorable inference could be drawn from the fact that defendant did not testify and state failed to establish that the
deficient instruction was clarified or remedied by the court and failed to demonstrate harmlessness of the constitutional
violation beyond a reasonable doubt, judgment was reversed and the case remanded for new trial. 97 CA 266. Where lower
court had inquired about specific instruction re failure to testify and court and defense counsel discussed instruction, such
discussion constituted a request for a no unfavorable inference instruction. 109 CA 679. Reiterated previous holding that
provisions are not required to be waived personally by defendant but can be waived by defense counsel. Id.
Cited. 36 CS 583.