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Yes, in general the courts can force you to testify with some exceptions. You have the right to refuse to testify if your testimony would tend to incriminate you. In addition the laws and Rules of Evidence provide certain people privileges from being forced to testify as to certain matters, such as for example, the attorney-client and priest-penitent privilege.
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∙ 13y ago
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If a defendant refuses to testify at trial what can the prosecution tell the jury?
Your question is unclear. In the USA, a defendant does NOT HAVE TO testify at his trial, ever. The defendant is the one accused of committing the crime. He does not have to say anything (OJ Simpson did NOT testify in his first trial, Scott Peterson did NOT testify at his trial.) The Prosecutor will present his case (with all his evidence and witnesses) explaining to the jury (or judge) WHY the evidence shows the defendant committed the crime. The Defense Attorney will present his case (with all his evidence and witnesses) explaining to the jury (or judge) WHY the evidence does NOT show the defendant committed the crime. The defendant does not have to be one of those witnesses. He cannot be forced to testify.
IF A defendant does not testify at trail the jury may validy use this as circumstanial evdinece of guilt?
A defendant is not required to testify. The judge will probably instruct the jurors not to read anything into whether they choose to do so or not. However the reality of the situation is that some, or all, of the jurors will probably give this fact as much or as little weight as they wish.
If a prosecutor and defendant have to come to a plea agreement can a judge say no and force a trial?
In most states, the judge can reject the plea agreement and the defendant has the right to withdraw his guilty plea. This does not necessarily force a trial because the prosecution and defense can at that point renegotiate the deal.
Who cannot testify against a defendant?
In most states, the spouse. There are also certain professional or social relationships that are regarded as privileged... for example, attorney-client, doctor-patient, or priest-parishoner communications may be exempt from subpoena.Note that this does not mean that the person in question cannot testify against the defendant, it means they can't be forced to testify against the defendant. A spouse can choose to testify. The professional cases usually can't, but what they cannot testify about is limited. If the doctor saw the defendant standing over the murder victim with a bloody knife in his hand, for example, that's not a privileged communication and the fact that he happens to be the defendant's doctor is irrelevant.
You don't want to testify?
I don't believe you have much choice. If you are not the defendant, married to the defendant, or legally insane and a danger to your self and others, you have to testify. If you refuse, you can be held in 'Contempt of Court', and will go to jail.
The defendant must be given an opportunity to be heard?
This is a true statement. In court the defendant will be represented by counsel and may choose to testify, or not.
Is a prosecutor forbidden to make any statements that draws the jurys attention to the defendants failure to testify?
No. The jury will likely be instructed by the judge and the defense not to draw any inference from the fact that the defendant did not testify in his own behalf, but nothing prevents the prosecutor from referring to this OBVIOUS fact in his closing argument.
Does the victim of a home invasion have to testify to get the defendant found guilty?
It'd be best to go, because you're the proof aren't you? NO,MY BOYFRIEND IS THE DEFENDANT!
Can a judge deny a defendant the right to defend its case in court?
No, a judge cannot deny a defendant the right to defend their case in court. The right to a defense is a fundamental legal principle that is protected by the constitution. Denying a defendant the ability to present their case would violate their due process rights.
Why does a defendant not have to testify?
WHAT court case does he not want to testify in - his own? He has that right if he wishes to exercise it. If you are referring to some other case in which he may not want to testify - the court has the power to compel his attendance and be called as a witness. If he takes the stand and refuses to answer questions or testify, the jury can then draw their own conclusion from his refusal, and use that, or not, in their deliberations.
Can a husband choose to not testify against his mate in Washington state?
A spouse or civil partner of a defendant is almost always considered a competent witness for either side, and may choose to testify for or against their spouse. A defendant may, when relevant, compel their spouse or civil partner to testify on their behalf. The prosecution however, may only compel the testimony of the defendant's spouse or civil partner in cases of domestic abuse or violence or sexual offences towards persons under 16. When the spouse or civil partner is a co-defendant to the charges, they may not be compelled to testify. ~wikipedia.org/wiki/Spousal_privilege
Why must a defendant be informed of the charges against them?
A defendent has to be faware of his charges that way he knows what he has to testify to
