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http://www.aalf.org/wiki/index.php?title=User:GabrilaNolette111&action=history Revision history for this page on the wiki en MediaWiki 1.13.3 Wed, 04 Nov 2026 06:37:22 GMT http://www.aalf.org/wiki/index.php?title=User:GabrilaNolette111&diff=67718&oldid=prev <p>New page: In every criminal trial, the defendant faces a critical strategic decision: to testify or not to testify. Those outside the criminal justice system usually tend to view this decision in si...</p> <p><b>New page</b></p><div>In every criminal trial, the defendant faces a critical strategic decision: to testify or not to testify. Those outside the criminal justice system usually tend to view this decision in simple terms, believing that the innocent will take the stand and tell their side with the story while those with something to hide will not. Experienced criminal lawyers know that the decision is much more complex and rarely has anything about guilt or innocence.<br /> <br /> Testifying is fraught with peril for any defendant. Guilty or simple, if the defendant takes the stand, the case will more than likely turn on his performance as a witness. With so much on the line, the pressure on your defendant is enormous. One false step and he or she could lose his condition. During cross-examination, a skilled prosecutor will attempt to confuse him and twist his words to produce it appear that he or she is lying. If he's a bad public speaker or gets nervous and says the wrong thing, he may appear guilty despite the fact that he's not. If the jury is put off by his tone or even demeanor, or simply doesn't enjoy him for inexplicable reasons, the defense may do not ever recover.<br /> <br /> Apart from the impression the defendant would make during his testimony, the mere act of testifying can have the unintended effect of lowering the responsibility of proof. In a criminal case, a conviction requires proof beyond a practical doubt, the highest standard of proof within our legal system. When the only real evidence presented comes in the prosecutor, the jury targets whether the prosecutor has met that high pressure of proof. Once this defendant testifies, however, jurors tend to focus solely on who they believe, the defendant or the alleged victim. Rather than weighing the prosecutor's case with extraordinarily high standard of proof beyond a reasonable doubt, the jurors usually tend to weigh the defendant's story with prosecutor's or the victim's account. This effectively lowers the standard of proof to an issue approaching a preponderance standard (more likely than not) and dramatically reduces it is likely the defendant will win the situation.<br /> <br /> Finally, in some cases, there is truth on the widely held belief that a defendant who chooses not to testify is hiding something. Court rules normally limit the research admitted at trial to that which bears directly over the alleged crime. Evidence of uncharged misconduct together with prior criminal convictions is usually excluded for fear that jurors who are exposed to such evidence will convict the defendant since they believe him to be a bad person rather than because they are presented proof that he actually committed the charged crime. If a defendant testifies, however, he may open the door for the utilization of such evidence by that prosecution. Knowing that evidence of prior bad acts may prejudice the jury next to him, the defendant may elect not to testify so that it will avoid any risk of exposing the jury to such damaging evidence.<br /> <br /> Because of all the risks involved when some sort of defendant testifies, many felony defense attorneys advise their clients, regardless of perceived guilt or innocence, to never testify unless absolutely vital. This advice frustrates a variety of defendants who desperately wish to proclaim their innocence on the jury. Most criminal defense attorneys have discovered the hard way, however, that it is typically much safer to strike the prosecutor's case than to position on one of your own. <br /> <br /> [http://immigrationlawyersinseattle.net/ seattle immigration lawyer]</div> Thu, 26 Apr 2012 21:38:41 GMT GabrilaNolette111 http://www.aalf.org/wiki/index.php?title=User_talk:GabrilaNolette111