"Freedom from self-incrimination means that you cannot be forced to testify against yourself in a criminal trial

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"Freedom from self-incrimination means that you cannot be forced to testify against yourself in a criminal trial. This right comes from the Fifth Amendment and can be exercised in all criminal cases.

Defense attorneys may counsel their clients not to take the stand for

their own protection. In addition, the prosecutor is forbidden to

make any statement drawing the jury's attention to the defendant's

refusal to testify. While defendants in a criminal case have a right

not to testify, they also have a right to take the stand and testify if

they wish. (In some other countries, defendants in criminal cases are

 

required to testify.) A defendant does not have to answer an inappropriate

question if her attorney objects to it and the judge sustains

, or agrees with, that objection. This is true for all witnesses, but

 

once a defendant takes the stand, the prosecutor can use anything

she says to elicit contradictory and harmful statements that can be

used against her.

Related to the right against self-incrimination is the concept of

immunity. Being granted immunity means that a witness cannot be

prosecuted based on information provided in a testimony. A person

 

with immunity must answer all questions—even those that are incriminating. Prosecutors often use immunity laws to force people to testify

 

against codefendants or others involved in the crime."

 

Problem 14.4

 

a.  Suppose you are a defense attorney.  What are the advantages and disadvantages of having a criminal defendant testify at trial?

 

b.  If you were a member of the jury in a criminal trial, what would you think if the defendant refused to testify?  Would you be affected by the judge's instruction not to draw any conclusion form this?

 

 c.  If a defendant is forced to stand in a lineup, give a handwriting sample, or take and alcohol breath or urine test, does this violate the privilege against self-incrimination?

 

d.  Do you think that U.S. law should be changed so that defendants are required to testify in criminal cases?  Explain.