WHAT IS THE EFFECT OF THE REFUSAL OF THE ACCUSED TO TESTIFY ON HIS BEHALF?
> GENERAL RULE—the silence of the accused should not prejudice him
> EXCEPTIONS—the following cases draw an unfavorable inference from the failure of the accused to testify:
o If the prosecution has already established a prima facie case, the accused must present proof to overturn the evidence of the prosecution
o If the defense of the accused is an alibi and he doesn't testify, the inference is that the alibi is not believable