California, United States of America
The following excerpt is from People v. Torres, 133 Cal.App.3d 265, 184 Cal.Rptr. 39 (Cal. App. 1982):
It is well-established that "when an unrepresented defendant is about to take the stand in a criminal case, the court must make certain that the defendant is aware of his constitutional privilege not to testify." (People v. Jackson (1978) 88 Cal.App.3d 490, 497, 151 Cal.Rptr. 688.)
However, a trial court's failure to instruct an unrepresented defendant on his privilege against self-incrimination constitutes harmless error where "there is no reasonable doubt that the verdict would have been the same had appellant been warned by the trial court ... refrained from taking the stand." (People v. Jackson, supra, 88 Cal.App.3d at 500, 151 Cal.Rptr. 688.)
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