0
What else can I help you with?
In the United states a defendant cannot be forced to testify against himself or herself in a criminal trial?
true
Does a defendant have to testify in court?
No, a defendant does not have to testify in court. It is their constitutional right to remain silent and not incriminate themselves.
Does the defendant have to testify in court?
No, the defendant does not have to testify in court. It is their constitutional right to remain silent and not incriminate themselves.
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.
Does a defendant have to testify in a civil case?
No, a defendant in a civil case does not have to testify. It is their choice whether or not to take the stand and provide testimony.
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.
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.
Can a defendant be forced to testify in a civil case, even if they do not want to?
In a civil case, a defendant cannot be forced to testify. The Fifth Amendment of the U.S. Constitution protects individuals from being compelled to testify against themselves in any legal proceeding, including civil cases.
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!
