Defendant’s Right to Not Testify & Not Take the Stand

In many cases, defendant may not want to testify because he or she is fearful a clever prosecutor will cross-examine him or her in a way that suggests guilt to the judge and/or jury. But can the prosecution, knowing defendant wishes to assert his or her Fifth Amendment right against self-incrimination, simply call the defendant to the stand just to force defendant to assert the right, thereby drawing juror and judge attention to defendant’s unwillingness to testify and thus, suggest guilt? To read more about his issue, click on the following link.

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