Re: Defendant as a witness

On Jul 21, 2:28 pm, "jdewitte" <jos.de.witte...@planet.nl> wrote:
> "McGyver" <Greyp...@hotmail.com> wrote in message
>
> news:g5vlos$43g$1@aioe.org...
>
>
>
> > "jayaraj" <mpj...@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)---

I am from India.I posted this topic since as per the law in India,
defendant(accused) has to make a request in writing to examine
himself.There is a view that such a request is to be signed by the
defendant himself.This may be to give opportunity to defendant to
apply his mind once again before examining himself.I thought it may be
fruitful to know the law in USA which is one of the strong democracies
in the world.