Criminal Defense of Immigrants



 
 

§ 8.8 (E)

 
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(E)  Defendant’s Difficulty in Testifying.  If the defendant does not speak English well, or is unfamiliar with and uncomfortable in the American judicial system, s/he may not make a good defense witness.  If s/he does not testify, the factfinder will likely hold this fact very strongly against the defendant, regardless of the court’s instructions to the contrary.  See Chapter 4, supra.

 

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