Yall legal eagles, explain like I'm 5 or 10. How come most of the time

[raccoon]

the defense attorney(s) don't want the accused to take the stand?

[exboyfil]

1. Here is one article

http://ethicsalarms.com/2009/12/19/the-ethics-of-letting-a-lying-defendant-testify/

[Jenoch]

2. Is 'most of the time' an accurate description?

[LuvNewcastle]

3. The defendant might be very nervous and appear guilty.

Maybe the defendant is an asshole and the attorney knows the jury won't like him. Maybe the defendant doesn't display the proper emotions about the case. I'd say it's usually a case of one or more of those things along with the fact that the defendant knows more about the crime than he wants the jury to hear, and he's afraid that in a good cross-examination, that information will come out.

[TexasProgresive]

4. My guess-

Now matter how well you prepare the client there is now predicting how he/she will stand up to aggressive cross-examination by the prosecution. This has nothing to do with the defendant's innocence or guilt but how the jury perceives it.

I am not a lawyer but this is what I've heard.

[WinkyDink]

5. Is "most of the time" accurate? Anyway, why risk having the defendant tripped or tricked? It isn't

the accused's burden to prove anything; it's the prosecution's.

[dsc]

6. the biggest reason

is that many things that normally can't be entered into evidence (previous convictions, dishonesty in personal dealings etc) can be entered in to evidence to impeach your testimony.

[DefenseLawyer]

7. The most common reason is that the Defendant has prior convictions

Evidence of the priors would in many cases become admissible if the Defendant takes the stand as a witness. Another reason has to do with your theory of the case. Because the state has the burden of proof, in many cases the defense is not "here's what really happened"; rather it is only that the state can't prove that the crime occurred as alleged, beyond a reasonable doubt. In such cases, you may not want the defendant to take the stand because it can take the focus away from your theme. Sometimes he or she is just a bad witness (nervous, rambling, unlikeable, etc.). In those situations, if there isn't a fact that you absolutely need from the Defendant, you might choose not to put him on.

[Laelth]

8. +1. n/t

-Laelth