Crippling the Defense of an Accused: The Constitutionality of the Criminal Defendant's Right to Testify
42 Pages Posted: 9 Mar 2013
Date Written: 2006
Abstract
To fully appreciate the problematic nature of the judge's various rulings and admonitions and whether they constituted a restriction on Alfred Gutierrez's "right" to fully testify we must turn back to the quagmire of rulings and admonitions that preceded Gutierrez's testimony. Once so situated, we can turn to the historical basis of the right to testify and ascertain if the policies and rationales inherent in that right were served in this instance.
Keywords: right to testify, testimony, constitutionality, defendant
Suggested Citation: Suggested Citation
Caldwell, Harry M. and Spiga, Carlo, Crippling the Defense of an Accused: The Constitutionality of the Criminal Defendant's Right to Testify (2006). Wyoming Law Review, Vol. 6, No. 87, 2006, Pepperdine University Legal Studies Research Paper, Available at SSRN: https://ssrn.com/abstract=2225325
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