Colorado Defendant as Witness

State:
Multi-State
Control #:
US-00880
Format:
Word; 
Rich Text
Instant download

Description

Sample Jury Instruction - This sample jury instruction asks the jury to find whether or not the Defendant is competent to testify as a witness.

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FAQ

In a criminal case, a defendant has the right to testify at trial ? but they are not required to do so.

RULE 608 Evidence of Character and Conduct of Witness Specific instances of the conduct of a witness, for the purpose of attacking or supporting his credibility, other than conviction of crime as provided in 13-90-101, C.R.S. 1973, may not be proved by extrinsic evidence.

Ingly, criminal defendants are generally advised not to testify in their own defense at trial. One of the great dangers of a defendant testifying in a criminal case is waiver of his right to remain silent which thus subjects him to cross-examination by the prosecution.

Defense witness means a witness whom the defense intends to call at a hearing or at trial.

Simply put, a defendant can be a witness in their own criminal case. If you have been charged with a crime, you have the right to testify on your own behalf, and to raise your own defense. However, most criminal defendants don't testify in their criminal trials.

Rule 609 (No Colorado Rule) ? C.R.S. § 13-90-101 Neither parties nor other persons who have an interest in the event of an action or proceeding shall be excluded; nor those who have been convicted of crime; nor persons on account of their opinions on matters of religious belief.

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Colorado Defendant as Witness