Re: Defendant as a witness

"jayaraj" <mpjraj@gmail.com> wrote in message 
news:f96318f0-2f4e-43a3-8dd9-f42af5eeb359@h1g2000prh.googlegroups.com...
> Defendant in a criminal trial can examine himself to prove the defense
> case.Is it necessary that he has to file an application for that
> purpose? Should he sign the application or could it be filed by his
> counsel?May I know the relevant provisions of law?

No application is needed.

I don't have a legal citation for you.  All I can do without research (which 
resembles work) is tell you my understanding.  The defendant in a criminal 
case in the U.S. has the right not to testify because of the constitutional 
right against self incrimination as stated in the 5th Amendment.  If the 
defendant's attorney calls the defendant as a witness, the right not to 
testify has been waived to a limited extent.  The right to avoid self 
incrimination has not been waived except to the extent of the defendant's 
testimony, including cross-examination.  Cross examination may not exceed 
the scope of direct examination.  That means that if the defendant testifies 
only to the fact that witness Blackie Slade is an escaped mental patient who 
is lying because of a personal grudge involving an alleged gambling debt, 
the prosecutor may cross-examine concerning Blackie Slade and Blackie 
Slade's testimony, but may not cross-examine concerning anything else.  But 
if the defendant testifies: "I did not commit this crime," the prosecutor is 
free to use cross examination to get testimony from defendant which proves 
that defendant committed the crime.

This answer must not be relied on as legal advice for the reasons posted 
here:  http://mcgyverdisclaimer.blogspot.com .  And I am not your attorney.

McGyver