Indiana Jury Instructions — Defendant's Failure to Testify: In the criminal justice system, defendants have the right to choose whether to testify in their own defense. Indiana Jury Instructions — Defendant's Failure to Testify explains the implications of a defendant's decision to remain silent during trial. This instruction provides guidance to the jury about the significance, or lack thereof, of a defendant's decision to not testify. Keywords: Indiana, jury instructions, defendant's failure to testify, criminal justice system, remain silent, trial, decision There are different types of Indiana Jury Instructions — Defendant's Failure to Testify, including: 1. Instruction on Defendant's Decision: This instruction focuses on conveying to the jury that the defendant has the constitutional right to remain silent during their trial. It emphasizes that the jury must not draw any negative inferences or speculate about the reasons behind the defendant's decision to refrain from testifying. The primary purpose is to ensure that the jury does not view the defendant's silence as evidence of guilt. 2. Jury's Duty to Weigh Evidence: This instruction highlights the jury's responsibility to base its verdict solely on the evidence presented during the trial and the law given by the court. It emphasizes that the defendant not testifying should not influence the jury's evaluation of the case. The instruction reminds the jury to evaluate the evidence impartially and only consider the testimony of witnesses and other evidence presented. 3. Defendant's Silence Cannot Be Used Against Them: This instruction explicitly instructs the jury that the defendant's failure to testify can never be used as a basis for drawing an inference of guilt. It reinforces the principle that the burden of proof rests solely on the prosecution, and the defendant's decision to exercise their right to remain silent should play no role in the jury's deliberation. 4. Presumption of Innocence: This instruction reminds the jury of the fundamental principle that a defendant is presumed innocent until proven guilty beyond a reasonable doubt. It instructs the jury to disregard any inclination to view the defendant's silence as an indication of guilt. The instruction emphasizes that the prosecution bears the burden of proving the defendant's guilt through admissible evidence and not the defendant's own decision to testify or not. In summary, Indiana Jury Instructions — Defendant's Failure to Testify aims to safeguard the defendant's right to remain silent during trial and ensure that the jury does not draw any negative assumptions or inferences from the defendant's decision. It emphasizes the importance of evaluating the evidence impartially and not using the defendant's silence against them when determining guilt or innocence.