Testifying on One's Own Behalf: Smart Move or Dumb Idea?

Sean Fitzpatrick cracks a smile and shrugs his shoulders as he testifies during his direct-examination. Fitzpatrick, 44, took the stand in his own defense during his double murder trial that ended in a hung jury.

Self-incrimination---we've all done it. I am sure everyone has heard that it's better not to say anything than it is to speak up---the old "shut your trap because you're only digging yourself a bigger hole" argument---but is it smart to stay quiet when one's life is on the line?

Anyone who has taken a junior high U.S. history class knows that there is a special clause in the Fifth Amendment to the United States Constitution that deals with this very notion:

"No person shall be compelled to be a witness against himself."

While plausible, it may not be practical because we, as human beings, always want to run our mouths to each other. We are a voluble species---our words, in essence, our communication speaks volumes as to who we are and, when we're silent, that, too, can speak volumes.

With that being said, the question to be posed is simple: When is it a smart move to take the stand in one's own defense (if such a situation even exist)? Well, if such a situation should arise, it must be remembered that a Defendant's testifying can be something that may help shed some light on his innocence or obfuscate it even more.

I personally would shut my mouth if I were on trial or under suspicion. A person can only do more harm than good when he speaks for himself. Everyone can think of some time in his life that he was in trouble and, while thinking he could talk his way out of it, let something slip:

Do you remember the look your mother gave you when you let it slip that you had been smoking cigarettes outside of school with a friend when your mother was questioning why she had found a pack of cigarettes in your backpack?

Well, you may or may not have had this happen, but it's very simple: in normal circumstances, it is better to keep one's mouth shut than it is to let words effuse from it like the plague, but, of course, every situation dictates itself.

In Sean Fitzpatrick's case, he was almost forced to waive his Fifth Amendment right so that he could try to shed some light on how his DNA had gotten into Fred Martins' truck. While he seemed cool under pressure, many people scrutinized him as though he were being too flippant during something that should have elicited more seriousness and comport. That, my friends, is the old, "You're damned if you do...you're damned if you don't" complex of human beings. Had he been more emotional, he would have been shedding "crocodile tears." Had he been more stoic, he would have been portrayed as callous or insensitive to the issue at hand.

A defendant can rarely win when he takes the stand in his own defense. I have stood trial twice on misdemeanors and have never taken the stand in my own defense. It's not a smart move. A person can subject himself to a barage of questions that are meant to be incriminating in nature thus destroying any chance of an acquittal.

Again, though, like the term "reasonable doubt," testifying on one's own behalf, too, is subjective in nature. A person must make the choice whether to speak for himself and should not worry about what others may think as a good juror will follow the law by not holding it against the person should he invoke his right to remain silent.

The lesson to be learned is one that you should hope never to find yourself in this situation---misdemeanor or felony---guilty or not. Remember, though, should you ever find yourself stuck in this situation, make sure you know when and where it's appropriate to speak and to whom---or you may end up talking yourself into more than you had bargained for...

Let me know what you think about this. I am open for anyone's comments.

P.S. This is not meant to be legal advice in any way, shape, or form. It is a topic of conversation meant to bring out different opinions from different people. Do not interpret this as legal advice. Ask a lawyer if you should be caught in a situation wherein you are in jeopardy of life or limb.