Going through a criminal trial is a difficult process. One thing that comes up in some cases is whether the defendant should take the stand to speak out in their defense. Some argue that it gives the person a chance to tell their side in their own words, but others caution that this can open up the possibility of helping the prosecution.
If you’re in this position, you must ensure that you and your defense team consider the pros and cons carefully. Because specific elements of the case must be considered, there’s no easy answer about whether you should take the stand in your own case.
Burden of proof standard
The burden of proof is on the prosecution in criminal cases. With the burden of proof on the prosecution, it may not be necessary for you to say anything because the prosecution may have holes in their case against you. The only way that you should take the stand in your own defense is if there’s no way that what you’re going to say will shore up their case.
Cross-examination concerns
Another consideration is that you will have to go through questioning by your own attorney, but you’ll also be cross-examined by the prosecutor. This can be an intense experience and it may bring out undesired emotional responses that may have negative impacts on your defense.
It’s best to consult with your legal representative to determine each aspect of your defense strategy. If the case is going to trial, this includes various aspects of that process, including who will be called as witnesses and how to address the prosecution’s claims.
