The answer to this question depends upon a number of factors. Here are a few factors.
- the strength of the prosecution’s case
- the demeanor of the defendant—how he or she will come across to the jury
- the existence of a prison record or the results of a motion to suppress (an order to the prosecutor not to ask about the prison record)
- the existence of facts about which he or she can be properly asked that would not otherwise be allowed into evidence.
This may be the most difficult decisions in going to trial. Jurors will want to hear from the defendant, even though they will be told that the defendant is not required to testify and that they cannot hold that against him or her.
- the strength of the prosecution’s case
- the demeanor of the defendant—how he or she will come across to the jury
- the existence of a prison record or the results of a motion to suppress (an order to the prosecutor not to ask about the prison record)
- the existence of facts about which he or she can be properly asked that would not otherwise be allowed into evidence.
This may be the most difficult decisions in going to trial. Jurors will want to hear from the defendant, even though they will be told that the defendant is not required to testify and that they cannot hold that against him or her.