It is human nature for individuals to desire a response from others when confronted with an adverse situation, humans want to know if someone did something or if they did not (Greenfield, 2013). This requires a response of admitting to the situation or denying it. In the courtroom the jurors are the ones seeking this response, consequently, the jurors are human. The inferences they may draw from the defendant’s refusal to testify could lead them to believe right away they are guilty of something. The defense counsel may give instructions to the jury stating the defendant’s silence should not be considered an inference of guilt. This instruction is required to be heeded by the jury, conversely, it may fall upon deaf ears if a personal conclusion has already been drawn. This is one of the reasons it is important to interview the potential jurors allowing for a one of the attorney’s to challenge for cause (Hall, 2015).
There is another important factor to consider when the defendant chooses to testify, the inherent interest of self-preservation (Greenfield, 2013). The defendant has the propensity to tell lies when they are on the stand if they are guilty, this is in an attempt to save themselves. The jurors would need to consider all testimony for other inherent interest. The witnesses against the defendant may or may not have an inherent interest in the outcome of the trial. The jury will need to ponder the evidence, all testimony, moreover, the lack of testimony to determine if there is another interest in the outcome of the trial aside from seeing justice served.
The Fifth Amendment of the Constitution of the United States provides protections to defendants to be free from …show more content…
Kentucky, 450 U.S. 288 (1981)
Hall, D. (2015). Criminal law and procedure (7th ed.). Stamford, CT: Cengage Learning.
Greenfield, S. (2013). But the defendant didn’t testify. Retrieved from
There is another important factor to consider when the defendant chooses to testify, the inherent interest of self-preservation (Greenfield, 2013). The defendant has the propensity to tell lies when they are on the stand if they are guilty, this is in an attempt to save themselves. The jurors would need to consider all testimony for other inherent interest. The witnesses against the defendant may or may not have an inherent interest in the outcome of the trial. The jury will need to ponder the evidence, all testimony, moreover, the lack of testimony to determine if there is another interest in the outcome of the trial aside from seeing justice served.
The Fifth Amendment of the Constitution of the United States provides protections to defendants to be free from …show more content…
Kentucky, 450 U.S. 288 (1981)
Hall, D. (2015). Criminal law and procedure (7th ed.). Stamford, CT: Cengage Learning.
Greenfield, S. (2013). But the defendant didn’t testify. Retrieved from