Title 18, Crimes and Criminal ProcedureRelease 119-102
§3481 Competency of Accused
Title 18 › PART II — CRIMINAL PROCEDURE › CHAPTER 223 — WITNESSES AND EVIDENCE › § 3481
Summary
People accused of federal crimes or facing courts-martial or inquiries may choose to testify; not asking doesn't count against them.
Full Legal Text
Title 18, §3481
Crimes and Criminal Procedure, Source: USLM XML via OLRC
In trial of all persons charged with the commission of offenses against the United States and in all proceedings in courts martial and courts of inquiry in any State, District, Possession or Territory, the person charged shall, at his own request, be a competent witness. His failure to make such request shall not create any presumption against him.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Based on section 632 of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary, and section 1200, Art. 42(a), of Title 34, Navy. (Mar. 16, 1878, ch. 37, 20 Stat. 30). Section was rewritten without change of substance.
Statutory Notes and Related Subsidiaries
Short Title
of 1997 Amendment Pub. L. 105–6, § 1, Mar. 19, 1997, 111 Stat. 12, provided that: “This Act [enacting section 3510 of this title, amending section 3593 of this title, and enacting provisions set out as a note under section 3510 of this title] may be cited as the ‘Victim Rights Clarification Act of 1997’.”
Reference
Citations & Metadata
Citation
18 U.S.C. § 3481
Title 18, Crimes and Criminal Procedure
Last Updated
Aug 21, 2026
Release point: 119-102