Jury S Disregard Of 5Th Amd Instruction Not Automatically Prejudicial
Seasoned prosecutors and defense attorneys know that, despite what many courts have held over the years, jurors don’t follow jury instructions. They just don’t. And they especially don’t pay attention to the admonishment that they can’t take into account a defendant’s failure to testify. Yeah, right. Though Sarah Koenig may have been shocked to learn that on a previous episode of the “Serial” podcast, the rest of us know that taking the Fifth raises jurors’ suspicions....