NCJ Number
144412
Journal
New England Journal on Criminal and Civil Confinement Volume: 19 Issue: 2 Dated: (Summer 1993) Pages: 223-265
Date Published
1993
Length
43 pages
Annotation
In Rock v. Arkansas, the U.S. Supreme Court ruled that criminal defendants have a constitutional right to testify in their own behalf, a right which can only be waived knowingly and voluntarily by the defendant.
Abstract
Prior to the Supreme Court decision, a number of courts held by the "demand" rule, in which the defendant was believed to have knowingly and voluntarily waived the right to testify when he made no objection after his counsel rested without calling him to the stand. However, it has now been determined that a failure by the defendant to act affirmatively at trial is not the proper approach to ascertain whether a waiver of this right has been made. Instead, the "colloquy" rule would require the trial court to inquire whether the defendant has relinquished the right to testify. Some courts would invoke the colloquy rule only when there appeared to be a conflict between the defendant and counsel over the defendant's desire to testify. Following a review of the history of the defendant's right to testify and an analysis of recent appellate decisions, this author argues for a mandatory colloquy rule to ensure a constitutionally valid waiver of the right to testify recognized in Rock. 280 notes