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| Authored by: webster on Wednesday, July 10 2013 @ 05:26 PM EDT |
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A defendant has a right to testify. He also has a right to
remain silent. The judge has to advise him of these rights
on the record. This protects the judge and the trial from a
defendant demanding a new trial because he did not know that
he had these rights. [Remember that anyone convicted will
use any and all arguments to attack his conviction. It is
not good enough to mention rights in the Constitution, it
has to be mentioned in the trial.]
A defendant has to decide whether to testify or not. There
are benefits and risks from either. The benefits are the
opportunity to be one's own witness and tell an innocent
story prompted by questions from the defendant's own defense
attorney. The defendant can deny, contradict and clarify
points made by the prosecution. After cross-examination he
can answer questions redirected from his own attorney.
The risks of testifying are such that some experienced
defense attorneys maintain that the presumption should be
that the defendant does not testify. He only testifies if
the defense is desperate. This arises from the basic
premise that the government must prove the defendant is
guilty beyond a reasonable doubt. The defense can raise
doubts even during the government's case. The risk is that
the defendant may eliminate some doubts his defense has
raised when he testifies. He may have to corroborate much
of the government's presentation. He also may open the door
to lines of inquiry that won't help him. He may not speak
well and he may come across as the type of person that would
do what he is charged with. He also may try and match wits
with the prosecutor. He is also subject to impeachment by
his criminal history, other acts, and by prior inconsistent
--or seemingly inconsistent, statements. The prosecutor can
also churn admissions of the defendant's natural bias --for
himself.
It is better for him to sit there and look pleasant and draw
on what sympathies humankind provides.
~webster~
.[ Reply to This | Parent | # ]
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| Authored by: kds on Wednesday, July 10 2013 @ 09:51 PM EDT |
I have been following the daily live feed from the Zimmerman trial. The jury
was NOT present. The defense had 2 or 3 more witnesses to go when she swore him
in to find out if he was going to testify in front of the jury. He said he
hadn't made up his mind yet and needed a bit more time. (He basically wanted to
wait until the end of the defense witnesses before deciding.) After the last
witness, the jury was excused while the Judge again asked him. This time he
answered that he would not be testifying in front of the jury. By swearing him
in, it is on the official record that he declined to testify and he cannot blame
it on anyone but himself if he is convicted. (He can't say the lawyer wouldn't
let him testify.)[ Reply to This | Parent | # ]
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