Why not testify

It seems to be based on propensity. But is there more than anecdotal data? It is also debatable whether a study using undergraduates as mock jurors gives us anything of value to use with real jurors. This study contained a literature review that was primarily interesting because most of the prior studies were very old.

But the basic finding was that mock jurors were not particularly influenced by whether a defendant testified, which the authors interpreted as a positive sign that jurors follow instructions and are not overly influenced by improper factors.

Interestingly, the study claimed that merely denying allegations was generally ineffective. There has been some effort to collect data from real trials. In the early s, the National Center for State Courts collected data from judges, prosecutors and defense counsel.

The best examination of this data was completed in order to test whether judges or juries are more likely to acquit. That is a question for another day, but there is significant social science research indicating judges are much more likely to convict and report they would have convicted even when a jury acquitted.

This study does contain thought-provoking statistics regarding acquittal and defense testimony. First, the analysis indicated an increase in the percentage of acquittals when the jury heard from the accused. September 7. August 7. July 7. June 7. May 7. April 6. March 7. February 7. January 7. December 7. November 7. August 8.

May April 8. February 8. January 8. December 8. The Bridgegate Trial The issue of whether a criminal defendant should take the stand in his own defense has recently come up in the news during the Bridgegate trial in New Jersey federal court where two former political allies of NJ Governor Chris Christie are accused of conspiring to close access lanes to the George Washington Bridge as an act of political payback to the Fort Lee mayor who refused to endorse Christie.

Good Reasons To Testify — And Not To Testify In some cases, it is a very easy decision not to put a defendant on the stand: his prior criminal record which is not otherwise admissible, can come roaring into the trial as the prosecutor seeks to impeach the testimony of the defendant turned witness.

How We Can Help? Please leave this field empty. There are a few conditions which may allow you to forego a court ordered testimony. These include:. The testimony would incriminate yourself — Under the Fifth Amendment in the Constitution, you have the right to avoid giving any evidence that could self-incriminate you. In most cases, you can plead the Fifth Amendment, which legally allows you to refuse answering questions.

Nowadays, this right has been challenged by State and Federal prosecutors. If you plan on using it, you should talk with a federal criminal defense lawyer in San Francisco, CA to find out what might happen as a result. You are a defendant in a criminal case — As an extension of the Fifth Amendment, any criminal defendant cannot be forced to testify in a courtroom.

You should definitely consult with an experienced federal criminal defense lawyer for San Francisco, CA.