why does a person who commits a crime does not have to take the stand in court?

Answer 1

The fifth amendment. To paraphrase: this amendment states that a person does not have to say anything that will or may incriminate them.

Answer 2

Assuming that you're referring to the justice system in the United States, chiefly to avoid self-incrimination. This especially means that when a person testifies on his own behalf in defense, everything he says can be attacked by the prosecutor in cross-examination. It's like that part of 'Miranda' where the police must tell an arrested person "You have the right to remain silent, and anything you say may be used as evidence against you in a Court of Law".

Because we have a system of justice where the accused is "innocent until proven guilty", it is up to the State to furnish proof of the crime, beyond a reasonable doubt. Especially in front of a jury that must vote unanimously to convict (not the case in many other countries), that doubt can be difficult to remove from all twelve jurors when the accused cannot be asked to testify, especially if there are no direct witnesses to the alleged crime. It's often happened where even a one-person holdout for acquittal can result in a mistrial, and even freeing the defendant, despite what seems to be very strong evidence.

Answer 3

They have the right not to incriminate themselves.

If they take the stand so that their defense lawyer can make a case for their innocence, it may help the jury understand what was really going on, and help them see that the defendant might be innocent.

Problem is, if they take the stand for their own defense, they also have to let the prosecution have a shot at them. Prosecutors can word the questions in such a way that the defendant could be made to answer and look guilty.

The decision to take the stand or not take the stand is usually part of the defense lawyer's strategy.

Answer 4

The U.S. Constitution's fifth amendment says basically you don't have to self-incriminate. That's where the whole, "You have the right to remain silent, anything you say can be used against you in a court of law" line means.

It says, "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb;

**** nor shall be compelled in any criminal case to be a witness against himself, ****

nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

Answer 5

Your question assumes guilt. In the USA, you're innocent unless proven guilty. The innocent should not have to speak about a crime they may know nothing about.

Answer 6

Because the 5th Amendment to the Constitution guarantees that we do not have to incriminate ourselves. It's a good thing.

Answer 7

A person may not be forced to give testimony against themselves. If a defendant elects to testify he opens himself up to cross examination, not a good idea in most criminal trials.

Answer 8

5th amendment. It was to help stop unjust prosecution and keep a person from committing perjury.

Answer 9

If by doing so, he incriminate himself, he is protected by the 5th ammendment of the U.S. Constitution.