Note 58 — AMENDMENT 5
Reading edition
Cf. Twining v. New Jersey, 211 U.S. 78 (1908). However, a defendant in a prosecution by the United States enjoys a statutory right to have the jury instructed that his failure to testify creates no presumption against him. 28 U.S.C. 632; Bruno v. U.S., 308 U.S. 287 (1939). See also 318 U.S. at 196.