Re: Defendant as a witness

"McGyver" <Greyprof@hotmail.com> wrote in message 
news:g5vlos$43g$1@aioe.org...
> "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

L.S.,

a.o.
> This answer must not be relied on as
  legal advice for the reasons posted
:
x.. AND
maybe! used - collateral - in case of (e.g. ad Jury)
former characterwitnesses failed/are failing ~ Attorney etc.
---mrj.dw--------------stop---Mon21Jul2008/11h:26CET(DST)---