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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.
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
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.
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 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
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.
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.
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.
A person does not have to be a witness?
According to the Constitution a person does not have to testify against themselves; in some states a spouse cannot be compelled to testify against a spouse.
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
Which amendment says you cant testify against yourself in court because of?
There is NO amendment that says you CANNOT testify against yourself. There is an amendment that says that you cannot be FORCED to testify against yourself. A BIG difference! The 5th Amendment to the US Constitution protects you against self incrimination unless you WILLINGLY waive that right.
Can your lawyer testify against you in court?
No, your lawyer cannot testify against you in court due to attorney-client privilege, which protects the confidentiality of communications between a client and their lawyer.
