The judge had explained a few of important points: 1. The defendant, accused of burglary, is innocent until proven guilty. 2. The standard of proof is high. You had to be certain the person had done what he was accused of, beyond a reasonable doubt. Otherwise — innocent. 3. The burden of proof is on the state. The defendant can remain silent, and you can’t use that fact in coming up with a decision—Some jurors didn’t seem to understand any of this…You could see the frustration with the lawyers in the room.
What would you think if the accused did not speak in his own defense, would that make you think he’s guilty? Yes, some said.