Delaware Code
11 Del. C. § 3501 (2026)
Testimony of accused persons
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Every person who is accused of any crime whatsoever, punishable by the laws of this State, may upon trial before any tribunal established by the Constitution or laws of this State, testify in the person’s own behalf, and may testify for or against any other person jointly tried with the person. A refusal or failure to testify shall not be construed or commented upon as an indication of guilt.
19 Del. Laws, c. 777; Code 1915, § 4215; Code 1935, § 4690; 11 Del. C. 1953, § 3501; 70 Del. Laws, c. 186, § 1;Notes of Decisions
Cited in 1
case, 1968–1968 · leading case: Crawford v. State, 245 A.2d 791 (Del. 1968).
Crawford v. State, 245 A.2d 791 (Del. 1968). “They argue that this was all prejudicial and justifies a reversal because of 11 Del.C. § 3501. This section reads as follows: We do not construe the remarks made as a comment upon the failure to testify “as an indication of guilt.”
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