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If you are a defendant in a criminal case, you can't be forced to testify at trial. In addition, if you choose not to testify, no one can make you become a witness against yourself. Also, if you choose not to take the stand, the jury can't take this into account when deciding the outcome of your case.
Article 38.23 reads: (a) No evidence obtained by an officer or other person in violation of any provisions of the Constitution or laws of the State of Texas, or of the Constitution or laws of the United States of America, shall be admitted in evidence against the accused on the trial of any criminal case.
'Two witness rule' Jehovah's Witnesses' congregational judicial policies require the testimony of two material witnesses to establish a perpetrator's serious sin in the absence of confession.
Judge's Instructions on the Law Either before or after the closing arguments by the lawyers, the judge will explain the law that applies to the case to you. This is the judge's instruction to the jury.
Invoking the Rule in Texas The purpose of the so-called ?witness rule? ? which actually refers to the Texas Rules of Evidence: Rule 614 Exclusion of Witnesses ? is to ensure that witnesses testify only about things that they have actual knowledge.
At a party's request, the court must order witnesses excluded so that they cannot hear other witnesses' testimony. Or the court may do so on its own.
Many people are surprised to learn that Texas does not require that any objective evidence be presented at trial to support the testimony of an accuser and allows a conviction to be based on the testimony of one witness alone (sometimes this is referred to as the ?one witness? rule).
Once all of the evidence for or against a death sentence is presented, the court submits a series of up to three questions to the jury that drive their determination of the proper sentence that ask whether (1) a defendant is a future danger to society,(2) whether the defendant, if he was guilty as a party, intended to ...