Important Notice: Our web hosting provider recently started charging us for additional visits, which was unexpected. In response, we're seeking donations. Depending on the situation, we may explore different monetization options for our Community and Expert Contributors. It's crucial to provide more returns for their expertise and offer more Expert Validated Answers or AI Validated Answers. Learn more about our hosting issue here.

Can The Prosecutor Call The Defendant As A Witness In A Trial?

April 26, 2017defendant Prosecutor trial witness

0

Posted

Can The Prosecutor Call The Defendant As A Witness In A Trial?

1 Answer

0

Posted

Yes they can. They usually don’t because the defendant can “plead the 5th”. Pleading the 5th refers to the 5th amendment of the constitution which states: “No person…shall be compelled in any criminal case to be a witness against himself”. In other words, the defendant does not have to answer any questions. The prosecutor would rather keep the defendant off the witness stand because the defendant’s lawyer can then ask the defendant questions to try to prove his/her innocence. Basically, it often helps the defendant to be a witness in his/her own trial.