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| IF YOU WERE A DEFENDANT, WOULD YOU TESIFY? | |||||||||||||
| A defendant who testifies in their own behalf during their criminal trial and is found guilty, is subject to a two-level increase in their sentence. Because they spoke up at the trial, the prosecutor argues at sentencing that they committed perjury because the jury found them guilty and so their defense must have been a lie.
In addition, perjury may disqualify a defendant from receiving a downward departure for aberrant conduct. Virtually every defense lawyer will tell you that the defendant should not testify on his/her own behalf. The reason generally given is that the prosecution will inevitably make it seem, from the defendant's own testimony, that he/she is guilty, and that the defendant should not assist the prosecutor in proving the prosecutor's case against the defendant. |
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WHAT WOULD YOU DO? |
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