8-54. Defendant in criminal action competent but not compellable to testify.
In the trial of all indictments, complaints, or other proceedings against persons charged with the commission of crimes, offenses or misdemeanors, the person so charged is, at his own request, but not otherwise, a competent witness, and his failure to make such request shall not create any presumption against him. But every such person examined as a witness shall be subject to cross-examination as other witnesses. Except as above provided, nothing in this section shall render any person, who in any criminal proceeding is charged with the commission of a criminal offense, competent or compellable to give evidence against himself, nor render any person compellable to answer any question tending to criminate himself. (1856-7, c. 23; 1866, c. 43, s. 3; 1868-9, c. 209, s. 4; 1881, c. 89, s. 3; c. 110, ss. 2, 3; Code ss. 1353, 1354; Rev., ss. 1634, 1635; C.S., s. 1799.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 7 - Competency of Witnesses.
§ 8-49 - Witness not excluded by interest or crime.
§ 8-50 - Parties competent as witnesses.
§ 8-50.1 - Competency of blood tests; jury charge; taxing of expenses as costs.
§ 8-50.2 - Results of speed-measuring instruments; admissibility.
§ 8-50.3 - Expired September 30, 2007.
§ 8-51.1 - Dying declarations.
§ 8-53 - Communications between health care provider and patient.
§ 8-53.1 - Physician-patient and nurse privilege; limitations.
§ 8-53.2 - Communications between clergymen and communicants.
§ 8-53.3 - Communications between psychologist and client or patient.
§ 8-53.4 - School counselor privilege.
§ 8-53.5 - Communications between licensed marital and family therapist and client(s).
§ 8-53.6 - No disclosure in alimony and divorce actions.
§ 8-53.7 - Social worker privilege.
§ 8-53.8 - Counselor privilege.
§ 8-53.9 - Optometrist/patient privilege.
§ 8-53.10 - Peer support group counselors.
§ 8-53.11 - Persons, companies, or other entities engaged in gathering or dissemination of news.
§ 8-53.14 - Communications between behavior analyst and client or patient.
§ 8-54 - Defendant in criminal action competent but not compellable to testify.
§ 8-55 - Testimony enforced in certain criminal investigations; immunity.
§ 8-56 - Husband and wife as witnesses in civil action.
§ 8-57 - Husband and wife as witnesses in criminal actions.
§ 8-57.1 - Husband-wife privilege waived in child abuse.
§ 8-57.2 - Presumed father or mother as witnesses where paternity at issue.
§ 8-58.1 - Injured party as witness when medical charges at issue.