Defendant's Testimony (From Psychology of Evidence and Trial Procedure, P 124-149, 1985, Saul M Kassin and Lawrence S Wrightsman, eds. - See NCJ-99863)

• NCJ Number: 99868
• Author(s): D R Shaffer
• Date Published: 1985
• Length: 26 pages
• Sale Source: Sage Publications, Inc
• Language: English
• Country: United States of America

Annotation

A discussion of the role of the defendant's testimony or choice not to testify in influencing the jury concludes that instead of being a determining factor in a case, the defendant's testimony is one of many interacting categories of evidence and should be researched in conjunction with other factors rather than separately.

Abstract

The fifth and sixth amendments provide basic rights to criminal defendants, including the right against self-incrimination. Factors involved in the decision to testify include the defendant's credibility as a witness and the believability of the testimony. The available research literature suggests that what the defendant says affects outcomes, particularly if the testimony presents a plausible alibi or extenuating circumstances. Simply denying criminal actions or intentions is ineffective. If the defendant has a prior criminal record for a similar offense, does not appear appropriately serious or respectful during the trial, or gives out various nonverbal cues during the trial, the jurors are unlikely to believe the defendant regardless of what is said. Jurors may also be suspicious of the refusal to testify, assuming that the defendant has something to hide. However, the research literature's focus only on the defendant overlooks other possibly important factors and does not explain the causes of the outcome effects. Future research needs to focus on a broader range of issues involved in judges' and juries' consideration of various categories of evidence. 1 note and 65 references. (Author summary modified)