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]]> By: Jake http://gacriminallawblog.com/2006/02/01/to-testify-or-not-to-testifythat-is-the-question/#comment-13988 Jake Tue, 10 Apr 2007 14:55:30 +0000 http://gacriminallawblog.com/2006/02/01/to-testify-or-not-to-testifythat-is-the-question/#comment-13988 Having served as a Superior Court clerk for a few years, and thus having talked to many jurors, I concur that they almost always expect the defendant to testify. If there was a good alibi witness ("Yes, he was with me playing pool at my house and there were others there, too".) then maybe not. But if there are any eyewitnesses that say he/she did it, then the client must testify. Having served as a Superior Court clerk for a few years, and thus having talked to many jurors, I concur that they almost always expect the defendant to testify. If there was a good alibi witness (”Yes, he was with me playing pool at my house and there were others there, too”.) then maybe not. But if there are any eyewitnesses that say he/she did it, then the client must testify.

]]> By: Jake http://gacriminallawblog.com/2006/02/01/to-testify-or-not-to-testifythat-is-the-question/#comment-13987 Jake Tue, 10 Apr 2007 14:55:15 +0000 http://gacriminallawblog.com/2006/02/01/to-testify-or-not-to-testifythat-is-the-question/#comment-13987 Having served as a Superior Court clerk for a few years, and thus having talked to many jurors, I concur that they almost always expect the defendant to testify. If there was a good alibi witness ("Yes, he was with me playing pool at my house and there were others there, too".) then maybe not. But if there are any eyewitnesses that say he/she did it Having served as a Superior Court clerk for a few years, and thus having talked to many jurors, I concur that they almost always expect the defendant to testify. If there was a good alibi witness (”Yes, he was with me playing pool at my house and there were others there, too”.) then maybe not. But if there are any eyewitnesses that say he/she did it

]]> By: Deoxy http://gacriminallawblog.com/2006/02/01/to-testify-or-not-to-testifythat-is-the-question/#comment-34 Deoxy Thu, 06 Apr 2006 20:55:55 +0000 http://gacriminallawblog.com/2006/02/01/to-testify-or-not-to-testifythat-is-the-question/#comment-34 "Jurors vote for the witnesses they like." Having served only once on a jury, I think we voted for the witnesses we BELIEVED, whether we liked them or not. I would hope that all juries were like that, but I've seen how the jury selection process works, and good lawyers can generally avoid people who have a few brain cells to rub together if they want to. “Jurors vote for the witnesses they like.”

Having served only once on a jury, I think we voted for the witnesses we BELIEVED, whether we liked them or not.

I would hope that all juries were like that, but I’ve seen how the jury selection process works, and good lawyers can generally avoid people who have a few brain cells to rub together if they want to.

]]> By: John http://gacriminallawblog.com/2006/02/01/to-testify-or-not-to-testifythat-is-the-question/#comment-10 John Mon, 27 Feb 2006 16:24:16 +0000 http://gacriminallawblog.com/2006/02/01/to-testify-or-not-to-testifythat-is-the-question/#comment-10 The good thing about being a prosecutor for 9 years is that I got to try scores of cases and talk to hundreds of jurors. You're right: Putting a well-groomed client on the stand can take the wind out of a strong prosecution case. But I have also found myself restiing a mediocre case and hoping the defense calls the defendant to the stand. On occasion, I have seen defendants snatch defeat from the jaws of victory by testifying. As a general rule, I will keep a defendant off the stand if: -He has given inconsistent statements or inculpatory statements. -He doesn't speak English. -He speaks only ghetto English. -He is easily angered or confused. -He shows up at trial with long hair, facial hair, or gold teeth, despite my instructions. Jurors vote for the witnesses they like. Make sure your client is likeable before he hits the stand. The good thing about being a prosecutor for 9 years is that I got to try scores of cases and talk to hundreds of jurors.

You’re right: Putting a well-groomed client on the stand can take the wind out of a strong prosecution case.

But I have also found myself restiing a mediocre case and hoping the defense calls the defendant to the stand. On occasion, I have seen defendants snatch defeat from the jaws of victory by testifying.

As a general rule, I will keep a defendant off the stand if:
-He has given inconsistent statements or inculpatory statements.
-He doesn’t speak English.
-He speaks only ghetto English.
-He is easily angered or confused.
-He shows up at trial with long hair, facial hair, or gold teeth, despite my instructions.

Jurors vote for the witnesses they like. Make sure your client is likeable before he hits the stand.

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