Publication Date
3-1991
Document Type
Article
Abstract
Few tactical decisions facing the criminal defense lawyer are as problematic as the decision whether to present evidence on behalf of the defense, and particularly whether to have the defendant testify. Trial lawyering cannot be practiced effectively by simply "going by the book." There are no definitive studies, nor can there be, to tell us what the general rule should be in deciding whether the defendant should testify, or otherwise present evidence in any given case. The nature of the criminal trial does not lend itself to a neat set of rules one pulls out of the hip pocket and mechanically applies. The decision to present evidence in defense, or to have the defendant testify, requires a careful weighing of the potential risks and advantages, together with due consideration of the significant risks inherent in presenting evidence of any kind on behalf of a defendant in a criminal case.
Recommended Citation
Zipperer, Alex
(1991)
"The Defendant as a Witness,"
Mercer Law Review: Vol. 42:
No.
2, Article 8.
Available at:
https://digitalcommons.law.mercer.edu/jour_mlr/vol42/iss2/8