Test: GMAT Verbal

When the defendant in a trial chooses not testify, the jury is not supposed to view this as evidence of the defendant’s guilt or innocence. Rather, the jury should base its decision on the evidence that is presented throughout the trial. Nevertheless, jurors will often take the failure of a defendant to testify as evidence of that defendant’s guilt.

1.

Which of the following conclusions can most properly be drawn from the information above?

The fact that a defendant refuses to testify is sometimes unfairly considered by a jury as evidence of guilt.

A defendant would sometimes be better served by testifying at trial rather than by choosing not to testify.

The rules should be modified to require defendants to testify regardless of their guilt or innocence.

Some jurors refuse to take a defendant’s refusal to testify into consideration when deciding guilt or innocence.

Most defendants who refuse to testify in their trials are, in fact, guilty.

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