North Carolina § 8-54 - Defendant in criminal action competent but not compellable to testify.

§ 8-54. Defendant in criminal action competent but not compellable to testify.

In the trial of all indictments, complaints, or other proceedings against persons charged with the commission of crimes, offenses or misdemeanors, the person so charged is, at his own request, but not otherwise, a competent witness, and his failure to make such request shall not create any presumption against him. But every such person examined as a witness shall be subject to cross-examination as other witnesses. Except as above provided, nothing in this section shall render any person, who in any criminal proceeding is charged with the commission of a criminal offense, competent or compellable to give evidence against himself, nor render any person compellable to answer any question tending to criminate himself. History (1856-7, c. 23; 1866, c. 43, s. 3; 1868-9, c. 209, s. 4; 1881, c. 89, s. 3; c. 110, ss. 2, 3; Code ss. 1353, 1354; Rev., ss. 1634, 1635; C.S., s. 1799.) Cross References. - As to rights of accused, see N.C. Const., Art. I, § 23. As to exceptions, i.e., where witness is not excused from testifying on ground that testimony will tend to incriminate him, see G.S. 1-357, 14-38, 14-354. Legal Periodicals. - For article discussing self-incrimination, see 15 N.C.L. Rev. 229 (1937). For note concerning confessions, see 23 N.C.L. Rev. 364 (1945). As to compelling accused to speak so that witness may identify his voice, see note in 27 N.C.L. Rev. 262 (1949). For note, "Constitutional Law - Is the Restricted Cross-Examination Rule Embodied in the Fifth Amendment?", see 45 N.C.L. Rev. 1030 (1967). For note discussing sua sponte instructions on a defendant's failure to testify, see 54 N.C.L. Rev. 1001 (1976). For comment on impeaching a criminal defendant by prior acquittals, see 17 Wake Forest L. Rev. 561 (1981). For article, "An Analysis of the New North Carolina Evidence Code," see 20 Wake Forest L. Rev. 1 (1984).