Legal Question in Criminal Law in California
can the prosecution ask the defendant to the stand? what are the consequences
Asked on 12/20/09, 3:28 pm
1 Answer from Attorneys
Robert Marshall
Law Office of Robert L, Marshall
The Fifth Amendment guarantees a criminal defendant the right not to be forced to testify. Of course, if the defendant chooses to testify, the prosecutor has the right to cross-examine.
It would clearly be misconduct for the District Attorney to attempt to call the defendant to the stand. If a DA was stupid enough to pull this sort of stunt, the defendant would have a very strong basis to ask for a mistrial.
Answered on 12/25/09, 3:34 pm
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