Vindicating the Defendant's Constitutional Right to Testify at a Criminal Trial: The Need for an On-the-Record Waiver

31 Pages Posted: 26 Aug 2007

Abstract

This paper contends that a criminal defendant's right to testify on her own behalf is illusory without a mechanism that will guarantee that she understands that she possesses this right. It suggests a method for obtaining a voluntary, knowing, and intelligent on-the-record waiver in those cases in which the defendant has chosen not to testify.

Keywords: right to testify, rock v arkansas, Fifth Amendment, waiver, on-the-record waiver

Suggested Citation

O'Neill, Timothy P., Vindicating the Defendant's Constitutional Right to Testify at a Criminal Trial: The Need for an On-the-Record Waiver. University of Pittsburgh Law Review, Vol. 51, No. 4, 1990 , Available at SSRN: https://ssrn.com/abstract=1008143

Timothy P. O'Neill (Contact Author)

John Marshall Law School ( email )

315 South Plymouth Court
Chicago, IL 60604
United States

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