DEFENDANT'S TESTIMONY

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Multi-State
Control #:
US-JURY-6THCIR-CR-7-02B
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Word
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Description

DEFENDANT'S TESTIMONY

Defendant's Testimony is a type of evidence presented in a criminal trial in which the defendant gives a statement about the charges they face. This type of testimony is taken under oath and is subject to cross-examination by the prosecution. The defendant may be asked questions about their actions leading up to the alleged crime, their involvement in the events, and any other relevant information. There are two main types of Defendant's Testimony: Direct Testimony and Cross-Examination. Direct Testimony occurs when the defendant is asked questions by their own attorney and answers those questions. Cross-Examination occurs when the prosecutor or other party asks the defendant questions in order to challenge the defendant's version of events.

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FAQ

: to talk and answer questions about something especially in a court of law because the defense/prosecution has asked one to and while formally promising that what one is saying is true.

If you have been called to be a defence witness, this means that you will be part of the defence case. This means you will be providing information or evidence that supports the accused. Defence counsel represents the accused.

Defendants in a criminal trial also have a constitutional right against self-incrimination. This means that the government cannot force someone charged with a crime to say something that may incriminate themselves. To take advantage of this right, however, defendants must choose not to testify.

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.

In a criminal case, a defendant has the right to testify at trial ? but they are not required to do so. The Fifth Amendment of the U.S. Constitution protects a defendant from self-incrimination ? this includes the right not to testify at trial or respond to any questions posed by the prosecution or the judge.

A 'Defence Statement' is a document which sets out the general nature of the defence to be put forward at trial and the issues which are in dispute and why.

A witness is a person who saw or heard the crime take place or may have important information about the crime or the defendant. Both the defense and the prosecutor can call witnesses to testify or tell what they know about the situation. What the witness actually says in court is called testimony.

Most witnesses for the defense are cooperative witnesses. They feel that they've seen something or heard something that might be relevant, and they want to come forth as a public duty, as a civic duty. They do this rather than see a defendant who is perhaps innocent get convicted because they decided not to testify.

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DEFENDANT'S TESTIMONY