This week: You have the right to remain silent Edited by: Arakun the twisted raccoon  
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Quote for the week:
“Walls have ears.
Doors have eyes.
Trees have voices.
Beasts tell lies.
Beware the rain.
Beware the snow.
Beware the man
You think you know.
-Songs of Sapphique”
~Catherine Fisher, Incarceron |
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If I were ever mistakenly accused of a crime, my first instinct would be to tell anyone who would listen that I did not do it. I think most people would have the same drive to protest their innocence. I don't claim to know how the minds of criminals work, but I would imagine that even the most guilty person would want to try to dispel any allegations against them.
In mystery stories and courtroom dramas, the defendant's testimony is often shown as the highlight of a trial. In real life, however, most defense attorneys advise their clients not to testify. Here are a few reasons why.
In the United States, the burden of proof is on the prosecution. If your story takes place outside the US, make sure your characters follow the rules of wherever the story is set. Under the US system, the prosecutor must prove beyond a shadow of a doubt that the defendant is guilty in order to get a guilty verdict. The defendant is not required to prove their innocence. Juries are instructed that not to let the fact that a defendant did not testify influence their decision. If the prosecution has a weak case, the defendant's testimony does not matter.
When a person is arrested, one of their basic rights is the right to remain silent. This right is necessary to protect a person's right not to say anything that might incriminate them. However, if they give up the right to remain silent, anything they say can be used in court against them.
When a defendant testifies, they have a chance to tell their story to the jury, hopefully to convince them of their innocence. However, if they take the stand, they are also open to cross examination by the prosecuting attorney. A skilled prosecutor has the ability to make the jury doubt the statements of even the most innocent person, especially if their alibi is not air tight.
If the defendant does not testify the defense attorney can still call other witnesses to testify on the client's behalf. They will also try to influence the jury to doubt any witnesses the prosecution puts on the stand, including the police.
Defense attorneys are required to give their clients the best defense possible. If an attorney does not think the client's testimony will help the case, they will probably advise them not to testify. However, the decision is ultimately up to the defendant. Whether or not the defendant's testimony or lack of it helps or hurts them will depend on the individual case.
Something to try: Write a mystery story that centers on testimony of witnesses in court.
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Mystery: December 14, 2022 Issue [#11703]
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