Discuss the role of the Fifth Amendment with regard to defendant testimony. What protections does the Fifth Amendment provide for a defendant when testifying in court?

Question

What will be an ideal response?

Answer 1

The Fifth Amendment protection against self-incrimination means that the defendant cannot be compelled to be a witness against himself or herself. If the defendant chooses not to testify, no comment or inference may be drawn from this fact. Nonetheless, jurors are curious about the defendant's version of what happened. Defendants may, of course, waive the privilege against self-incrimination and take the stand in their own defense. In deciding whether the defendant should testify, the defense attorney must consider whether the story is believable. Like any other witness, a defendant who takes the stand is subject to cross-examination. Cross-examination usually ensures that the defendant cannot tell only a part of the story and conceal the rest. Once the defendant chooses to testify, the state can bring out all the facts surrounding the events to which the defendant testifies. Just as important, once the defendant has taken the stand, the state can impeach the defendant's credibility by introducing into evidence any prior felony convictions and, in some circumstances, other prior misconduct. Research has indicated that in general, jurors wanted the defendants to testify during trial and were confused when they did not. But when defendants chose to testify, jurors concluded that they were lying and showed no remorse (Antonio & Arone, 2005).