Legal Question in Criminal Law in Arizona
defendant making closing statement
I was wondering, if a defendant refuses to testify, yet at the last minute, fires his attorney and wants to make the closing statement, would the judge let him? It seems unfair to allow an unexamined statement from the defendant
1 Answer from Attorneys
Re: defendant making closing statement
All closing statements are 'unexamined.' Whether by attorneys or defendants. A defendant always has the right to address the jury in a jury trial if he is acting as his own counsel, no matter when that situation arose. Refusing to testify is a constitutional right which cannot be abridged or commented upon, and has absolutely nothing to do with a closing statement. To refuse a defendant on trial to do what you suggest would be unfair and fundamental constitutional error warranting reversal on appeal.
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