• Admiral Patrick@dubvee.org
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    6 months ago

    It kind of does say it all, but in a criminal trial, refusing to testify cannot be held against you under the 5th Amendment. In a civil trial, though, refusing to testify can be factored into reaching a verdict.

    So yeah, while it may make you appear guilty as hell, refusing to testify in your criminal trial cannot be held against you.

    That was hammered into us every time I had to report for jury duty.

    • Billiam@lemmy.world
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      6 months ago

      Idealistically, you’re right. But it says volumes that someone would be willing to say a lot of shit in front of a camera (where the consequences are miniscule), but refuse to say the exact same shit in front of a judge (where the consequences are serious [assuming you’re not a “rich” white orange cult leader]).

      Trump doesn’t testify for the one reason we all know: he’d incriminate himself faster than any piece of evidence that could ever be produced.

      • Admiral Patrick@dubvee.org
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        6 months ago

        Oh, yeah. We all know. lol. But, for better or worse, he’s entitled to the same constitutional protections as the rest of us (despite the fact he routinely wipes his ass with it).

        • HopeOfTheGunblade@kbin.social
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          6 months ago

          Yes, it can’t impact the trial, that he didn’t testify. Doesn’t mean we can’t infer, out here away from the court, that he put up a big front in public and slunk away with his tail between his legs in court, because he knew he was guilty and would only have made things worse if he testified, along with earning some counts of perjury.

    • barsquid@lemmy.world
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      6 months ago

      My understanding is that it is usually idiotic to testify at one’s own criminal trial, even if innocent. Preventing Donald from testifying is one of the few intelligent things the defense did, and not just because he is a loudmouthed pathological liar who would instantly perjure himself.

    • xmunk@sh.itjust.works
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      6 months ago

      It is absolutely your right to not be sentenced or punished by the state for refusing to testify and that’s fucking important… it absolutely isn’t your right to not be publicly damaged for being an obvious shit-heel who is clearly lying every second they aren’t under oath.

      I think it’s important to distinguish those two things.