ACCUSED AS WITNESS

In all criminal prosecutions the accused may choose to be sworn as a witness in the accused’s own behalf and shall in that Florida Rules of Criminal Procedure January 1, 2026 214 case be subject to examination as other witnesses, but no accused person shall be compelled to give testimony against himself or herself, nor shall any prosecuting attorney be permitted before the jury or court to comment on the failure of the accused to testify in his or her own behalf. Committee Notes 1968 Adoption. Same as section 918.09, Florida Statutes. 1972 Amendment. Same as prior rule. The committee considered The Florida Bar proposed amendment to this rule, but makes no recommendation with respect thereto.