Besides being guilty, what are good reasons why a defendant wouldn't testify in their own trial?

Answer 1

The defense might be afraid the on cross examination, the prosecutor might uncover evidence that would make the accused appear even more guilty. Such as, the defendant had an argument with someone or had an affair prior to the crime. Also, the lawyer cannot call a witness to give testimony if he knows the witness will perjure himself.

Answer 2

Sometimes a defendant does not testify because he has previously been convicted of a crime. In most states (if not all), any witness, including the defendant if he testifies, can be asked (impeached) about whether he/she has previously been convicted of a felony or a crime involving dishonesty or false statement (theft, perjury, fraud). If at all possible, a defense lawyer does not want the jury to hear about prior convictions. Most of the time, they jury will not know the defendant has ever committed a crime before. But if he testifies the jury will know it. That is one very powerful reason a defense lawyer may advise his client not to testify.

Another is that the defense feels the state has not met their burden of proof. In such a case, the defendant does not want to "blow it" on the stand. If the jury disbelieves the defendant, they may give more credence to the state's case even if it was a bit weak before the defendant took the stand. A defense attorney will not want to take a chance that his client will mess up on the stand.

Answer 3

Some people rattle easily, and nervous look could give wrong impression. Not attorney so don't know all dots and coma about rules of evidence but testifying in ones own behalf could allow introduction of stuff that might be more negative than not testifying. I think everyone should have to testify, and publicly take the fifth if they want this protection.

Answer 4

In an adversarial court proceeding, a defendant runs the risk of appearing guilty under a strong prosecutorial line of questioning. As such, if the defendant doesn't need to testify or has nothing to gain by testifying, it is best not to.

Answer 5

It never a good idea to have a defendant to testify in their own trial. Its recommended that person say as little as possible. In the event that a prosecutor has the opportunity to examine the defendant; all sorts negative information could come to light; regardless of guilt or innocence.

Answer 6

The main reason is that unless the defendant chooses to testify -- the prosecution cannot call them as a witness at all.

The only way for the prosecution to have a crack at the defendant on the witness stand is if the defendant chooses to testify -- because if they do choose to testify, they cannot (usually) invoke 5th Amendment protections to avoid answering any reasonably related questions.

Answer 7

Their attorney recommended that they not testify. Frequently people who are innocent of the charges are still recommended to not testify if they do not work well as a witness for themselves. Where evidence is circumstantial, a person who is not guilty can, by their movements and other characteristics, seem to be guilty. Being either too sympathetic or too unsympathetic to a crime victim can be detrimental to their case.

Answer 8

The defendant is presumed innocent, and has to be proven guilty by the state.

There isn't usually a lot you can say to prove you didn't do something, so unless he has specific testimony that the jury would find helpful in proving his innocence, there would be no reason. Just getting up there and saying "I didn't do it" wouldn't go far, and may make the jury wonder.

Answer 9

He/she has a fear of public speaking; they are not well spoken; their lawyer advised them not to. The fact is that the burden is on the prosecution, to prove their case beyond a reasonable doubt. If the prosecution has not proven their case, why, on earth, would I put my innocent client on the stand to testify.

Answer 10

If the prosecution hasn't proven its case then no reason to testify.