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TCA 40-17-103

Failure of defendant to testify

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What does this charge mean?

This statute does not define a criminal offense—instead, it is an evidence/procedural rule protecting defendants from being harmed by their choice not to testify at trial. The judge and jury cannot assume a defendant is guilty simply because the defendant did not take the witness stand and testify on their own behalf. This is a procedural/administrative statute, not a criminal law.

Penalty Details

ClassificationUnknown
Penalty SummaryClassification not specified
The failure of the party defendant to make a request to testify and to testify in the defendant’s own behalf shall not create any presumption against the defendant.
View on official sourceLast verified: Feb 25, 2026

Quick Facts

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TCA Section40-17-103