Crime and Punishment Case
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The 5th amendment of the United States Constitution says introduces us to the double jeopardy clause. It is stated that no defendant shall stand trial more than once for the same charge brought against them. A defendant is put in jeopardy as soon as the jury is sworn in. If the case is dismissed then a new trial may be deemed necessary. Double jeopardy protects defendants only for retrials brought within the first jurisdiction; this meaning a defendant can be tried in federal court after being tried in state court. The double jeopardy clause will give the defendant a guarantee that they will not receive more than one punishment per offense (Legal Information Institute, 2010).
In the United States a defendant has the right not be testify in his or her jury trial; this is a privilege made to us as citizens by the 5th amendment. The client with the help legal advice from an attorney should weigh this option heavily before making this decision. There are a few reasons that the defendant should not take the witness stand they are things such as If the defendant has previously been convicted of a crime, the prosecutor may be able to bring this fact to light which will lead to discrediting the character and reputation of the witness. Some defendants have a fear of speaking in public which could impair the ability to get out what they are trying. A jury may not believe a defendant, who, though telling the truth; is a nervous witness and makes a bad impression. The defendant may have a perfectly good story that would still sound unbelievable. All of these are instances in which doubt could be placed in the jurors mind. But in some cases, if a defendant does not take the stand in his trial, makes them look guilty. Some think they might have something to hide, so keeping quite affirms this feeling. Here are a few reasons to a defendant on the witness stand. The prosecution has established elements of the crime beyond a reasonable doubt; the defendants testimony should change the probable outcome of the case. The defendant is prepared for direct and cross examinations. There are no other witnesses that could testify (Should The Defendant In A Criminal Case Testify, 2009). In the case we are talking about I feel that the defendant did not take the stand would tell the jury he is hiding something, after all he was arrested with the victims wallet, and the knife that was used in the assault.
The constitutional safeguards should be afforded to anyone in any trial; it should not matter whether or not they are going to be taking the stand in their own defense. The constitution says that everyone has a right to a speeding trial, right to legal representation, right to due process, there is not a clause anywhere that states, only if you are going to testify in your trial. This in an addition to the fact that it is also stated that you have the right to refrain from taking the stand. That in its self is enough for me to believe that the