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What are the advantages and disadvantages of having a criminal defendant testify at trial?
Wiki User
∙ 9y ago
Adv: repeat offender
Disadv: lack of evidence
Wiki User
∙ 11y ago
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In the United states a defendant cannot be forced to testify against himself or herself in a criminal trial?
true
Why can a criminal defendant refuse to testify at her own trial without penalty?
The 5th Amendment to the U.S. Constitution protects you from self incrimination.
Is the defendant always required to provide testimony in the trial?
No, the defendant is not required to provide testimony in their trial. The right to remain silent is protected under the Fifth Amendment of the U.S. Constitution, and a defendant cannot be compelled to testify against themselves.
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.
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.
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!
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
Can a husband and wife testify against each other in a criminal case?
Yes
