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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.
What else can I help you with?
What are the two side in a criminal trial?
The sides in a civil trial are the same as a criminal trial. There is a plaintiff and a defendant. In a criminal trial the plaintiff is usually the jurisdictioni charging the defendant.
Does the law require a witness in murder trial to testify?
If you mean in the United States, there's an awful lot they CAN do to push you into testifying in a case like that -- assuming you mean that you're being subpoenaed by the District Attorney's Office to testify for the Prosecution. However, if you are being put under pressure to testify FOR the defendant as a witness for the Defense, you will have a far greater chance of refusing to testify.
What does prosecution mean?
Prosecution is the legal process of bringing an alleged criminal offender to trial. The district attorney and his office file charges against the defendant(s) and present evidence at a trial. The accused normally has legal representation for his defense.
What must the prosecution prove to secure a guilty verdict in a criminal trial?
In a criminal trial, the prosecution must prove beyond a reasonable doubt that the defendant committed the crime they are accused of. This includes presenting evidence and convincing the jury or judge that the defendant is guilty.
Can a defendant ask a lawyer for the prosecution questions?
No. A defendant cannot ask for pre-trial access to the prosecution's questions. The unrehearsed nature of the defendant's answers to the prosecutor's questions reveal more of the truth than a planned performance would.
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.
In the United states a defendant cannot be forced to testify against himself or herself in a criminal trial?
true
What are two sides in a trial called?
In criminal court. There is the prosecution and the defense.Added: In a civil case it is the Plaintiff and the Defendant
What are the advantages and disadvantages of having a criminal defendant testify at trial?
Adv: repeat offender Disadv: lack of evidence
Is the defendant always required to provide testimony in the trial?
There is no blanket answer to this question. Whether the defendant testifies on their own behalf, is a legal strategy that the defense attorney will discuss with his client when the time comes.
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.
What right do you have with regard if testifying if you are the defendant on trial?
You have the right to not testify if you're the one on trial, as well as the right not to incriminate your self. But once you decide testify you have to go through with it. you cant decide you don't like a question and not answer it. Either your all in or all out there is no in-between
