General Discussion

struggle4progress

(126,235 posts)

54. I think these are the jury instruction rules in Florida:

Thu Jul 11, 2013, 01:24 PM

Jul 2013

... 3.9(d) DEFENDANT NOT TESTIFYING

Give either paragraph, or both, if defendant requests.

The constitution requires the State to prove its accusations against the defendant. It is not
necessary for the defendant to disprove anything. Nor is the defendant required to prove <his><her>
innocence. It is up to the State to prove the defendant's guilt by evidence.

The defendant exercised a fundamental right by choosing not to be a witness in this case.
You must not view this as an admission of guilt or be influenced in any way by <his><her> decision.
No juror should ever be concerned that the defendant did or did not take the witness stand to give
testimony in the case.

Comment

This instruction was adopted in 1981 ...

FLORIDA STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES
http://www.floridasupremecourt.org/jury_instructions/chapters/entireversion/onlinejurryinstructions.pdf

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So when a person like Zimmerman refuses to take the stand in his own defense [View all] Generic Other Jul 2013 OP

so how many people facing these charges actually "take the stand" in their own defense? nt msongs Jul 2013 #1

the jury is specifically instructed not to interpret his refusal to testify as anything but Gman Jul 2013 #2

Well, that settles it then. RedCappedBandit Jul 2013 #6

Thanks. Made me laugh outloud. Booster Jul 2013 #33

Yes, frankly, it does. Unless you have cases to prove the contrary? WinkyDink Jul 2013 #72

Nope, I have no evidence that people sometimes don't follow directions. RedCappedBandit Jul 2013 #89

But they will Hugabear Jul 2013 #8

While that is correct, the Jury avebury Jul 2013 #49

Exactly, taking the stand then could be disastrous Gman Jul 2013 #66

Sometimes they comply with that. nt Deep13 Jul 2013 #52

It obviously could influence a juror's votes but Gman Jul 2013 #67

Exactly. nt MrScorpio Jul 2013 #86

He has every right not to take the stand. Travis_0004 Jul 2013 #3

They will be told not to judge him on the decision Bjorn Against Jul 2013 #4

It's very rare for a defendant to take the stand The Velveteen Ocelot Jul 2013 #5

+1 Hassin Bin Sober Jul 2013 #7

I didn't realize that was so Generic Other Jul 2013 #18

The problem a good prosecutor can do damage to a defendant, Lucinda Jul 2013 #20

In most case it's too risky The Velveteen Ocelot Jul 2013 #21

THAT is what made you think OJ was guilty? Not the blood evidence, DNA, Bruno Maglis, sweating in WinkyDink Jul 2013 #73

Of course the evidence seemed weighed against him too Generic Other Jul 2013 #83

I think this is the stuff of basic civics. I think this should be a disqualifier TheKentuckian Jul 2013 #88

maybe I'm just a bit optimistic justanaverageguy Jul 2013 #9

Well no, not me apparently Generic Other Jul 2013 #26

But if your lawyer told you not to would you still do it? Bonduel Jul 2013 #51

Having lived a long life without ever being involved with the law Generic Other Jul 2013 #55

Zimmerman has already opened his trap for tv interviews Quantess Jul 2013 #10

It actually put zimmerman in a unique situation Travis_0004 Jul 2013 #11

That's one reason it looks bad that he didn't testify in court. yardwork Jul 2013 #82

Its unethical to let a lying defendant to take the stand. jbond56 Jul 2013 #12

Oddly this almost makes sense Generic Other Jul 2013 #35

They cannot hold his refusal to testify against him, but... Demo_Chris Jul 2013 #13

They'll think he's acting on advise of counsel customerserviceguy Jul 2013 #14

But central to his case is his law abiding persona Generic Other Jul 2013 #22

Either the jury will follow the instructions customerserviceguy Jul 2013 #39

An upstanding citizen would be insane to take the stand in their defense metalbot Jul 2013 #62

Very informative. Thanks Generic Other Jul 2013 #65

Well, one thing pipi_k Jul 2013 #15

You are right he got his acquittal in the eyes of the law Generic Other Jul 2013 #24

That's true... pipi_k Jul 2013 #42

Can't speak for all jury members but if I were on the jury - lynne Jul 2013 #16

his lawyers know his ridiculous story would be shredded if he testified Skittles Jul 2013 #31

He basically got to testify when they played the tapes of the interviews he made MiniMe Jul 2013 #17

The prosecution allowed them because Sissyk Jul 2013 #45

Did OJ Simpson take the stand? MicaelS Jul 2013 #19

This is the instruction the jury will be given: onenote Jul 2013 #23

OJ Simpson NoGOPZone Jul 2013 #25

Didn't he try on the glove? Generic Other Jul 2013 #28

No way his lawyers were going to let him. moondust Jul 2013 #27

I thought that mercilessly humiliating him was the defense strategy today Generic Other Jul 2013 #30

Ha. I saw that. moondust Jul 2013 #34

He even said Zimm was more like Pee Wee Herman Generic Other Jul 2013 #36

the only similarity is that they're both child molesters ecstatic Jul 2013 #58

I suppose he meant what Pee Wee's fighting stance would look like Generic Other Jul 2013 #60

Yes, for real.....Zimmerman should ask for a refund from the gym. Grammy23 Jul 2013 #75

IIRC, Jury instructions often tell juries they are to draw no conclusions from such non-testimony cthulu2016 Jul 2013 #29

How could you not take it into account in this case Generic Other Jul 2013 #32

You know, armchair quarterbacking about what COLGATE4 Jul 2013 #40

I don't speak for anyone but myself Generic Other Jul 2013 #41

Perhaps by being a thinking person, or even just an American? cthulu2016 Jul 2013 #44

Then I will never serve on a jury because it does not serve justice Generic Other Jul 2013 #46

YOU, apparently, would be a crappy juror. GOOD jurors consider evidence exactly as they are supposed WinkyDink Jul 2013 #74

Yes I have been told all my life I don't fit the mold Generic Other Jul 2013 #85

This is the thing: juries ignore the instructions AngryAmish Jul 2013 #64

At least you have made a point of observing jury behavior Generic Other Jul 2013 #87

I tend to agree with this perspective Duer 157099 Jul 2013 #37

I don't blame him. It would be impossible to remember russspeakeasy Jul 2013 #38

That's like asking why would an innocent man hire an attorney pnwmom Jul 2013 #43

In this case we have a "law abiding" defendant Generic Other Jul 2013 #47

you would be violating jury instructions if you did this markiv Jul 2013 #48

You don't take the stand for the same reason you don't talk to the cops. Iggo Jul 2013 #50

Zimmerman was totally transparent to them Generic Other Jul 2013 #56

The objective of the prosecution is not to find out what is true anomiep Jul 2013 #68

Like anomiep says above, it's not a search for truth, it's a search for a conviction. Iggo Jul 2013 #70

Lots of people talk to the cops and then are subsequently told by their attorney... Hippo_Tron Jul 2013 #90

In most criminal cases, the defendant doesn't testify. MineralMan Jul 2013 #53

+1 JustAnotherGen Jul 2013 #57

So all these doors are full skeletons that will fall out? Generic Other Jul 2013 #63

I think these are the jury instruction rules in Florida: struggle4progress Jul 2013 #54

I don't see how I could do this Generic Other Jul 2013 #59

Jurors should vote to convict only if the evidence presented convinces them beyond struggle4progress Jul 2013 #61

I think Zimmerman is murdering scum etherealtruth Jul 2013 #69

Your opening question is all I needed to read to know YOU do not grasp American jurisprudence. WinkyDink Jul 2013 #71

Actually I was educated way upthread Generic Other Jul 2013 #78

No, if I was guilty I wouldn't take the stand & if I was not-guilty I would be even less inclined to Raine Jul 2013 #76

There is something sad about that Generic Other Jul 2013 #79

In this case especially, the defendant did not need Jenoch Jul 2013 #77

If I were him I'd not take the stand either. bravenak Jul 2013 #80

The decision is based upon numerous factors Savannahmann Jul 2013 #81

I have read that it is generally a bad idea to take the stand in your own trial. alarimer Jul 2013 #84