Practice Quiz

CLEP Business Law

Category - US Legal System

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Why do defendants in criminal trials often decline to testify?
  1. Because common law gives defendants the right against self-incrimination.
  2. Because the U.S. Constitution gives defendants the right against self-incrimination.
  3. Because defendants are never good witnesses.
  4. Because it is always a good strategy for the defendant not to testify.
  5. Because defendants are not permitted to testify in criminal trials.
Explanation
Answer: B. Defendants in criminal trials often decline to testify because the U.S. Constitution gives defendants the right against self-incrimination. The 5th Amendment provides that "No person shall...be compelled in any criminal case to be a witness against himself..." If a defendant declines to testify, the prosecution cannot use the defendant's silence as evidence of guilt.
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