Crippling the Defense of an Accused: The Constitutionality of the Criminal Defendant's Right to Testify

42 Pages Posted: 9 Mar 2013  

Harry M. Caldwell

Pepperdine University - School of Law

Carlo Spiga

Independent

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

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

Harry M. Caldwell (Contact Author)

Pepperdine University - School of Law ( email )

24255 Pacific Coast Highway
Malibu, CA 90263
United States

Carlo A. Spiga

Independent ( email )

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