Your client,the defendant in a case,confides in you that he's''terrified of having to testify in front of all

Question

those people.''You reply that?

A-he has no choice;he has to testify
B-if he doesn't testify,the prosecution can use that against him
C-he won't be forced to testify
D-if he chooses to testify,he will have to do so regarding all issues of the case

Answer 1

None of the above!!! Yes, he can be forced to get up on the stand by the Prosecution, However he does NOT have to say a single word (5th Amendment Rights). C is the closest answer to being correct. However, it's almost NEVER advisable to put a defendant on the stand. It's just a bad move. Although the public wants to hear what the defendant has to say, the defendant stands a MUCH better chance if he/she does NOT testify. If they are called to the stand by the opposing party (rare, but it does happen) it is best that they say NOTHING AT ALL. If he does testify he will "open the flood gates", but ONLY as to certain issues, and NOT all of them.

Answer 2

D. He can decline to answer. However , if he does testify, the gates are open and he must answer questions regarding anything in evidence. The problem is few defendants make good witnesses. Never put one on the stand unless you know exactly what they will say, and do not answer anything that isn't asked.

Answer 3

It depends on if he is a civil or criminal defendant. If he's a civil defendant, he can be compelled to testify and be held in contempt if he doesn't. If he's a criminal defendant, he can be compelled to testify, but he can assert his Fifth Amendment privilege and he cannot be compelled to make self-incriminating statements.

Answer 4

E take the fourth amendment

Answer 5

A

Answer 6

B