18 U.S.C. § 3481
Section 3481 · Competency of accused
Amended 1 time on record
Applied in 163 court decisions — leading case Griffin v. California (1965)
Most recently applied in State v. Phillips (September 2025)
Cases citing this section usually also cite 21 U.S.C. § 841 · 18 U.S.C. § 371 · 28 U.S.C. § 632
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
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.
Federal Rules of Criminal Procedure
Harmless and plain error, see rule 52, Appendix to this title.
Instructions, see rule 30.