in a self defense claim, is it unusual for the defendant to decline to testify

[arely staircase]

is it a peculiarity of Florida law that the burden of justifying his taking of a life is not on the accused?

http://talkingpointsmemo.com/archives/2013/07/how_much_is_about_florida_law.php?m=1

[REP]

1. No. It's unusual for the accused to testify in any case.

[arely staircase]

2. please read the link

A Wisconsin attorner says that in that jurisdiction it would be unusual for the defendant not to take the stand in a self defense defense.

[onenote]

16. That Wisconsin lawyer is a walking malpractice case.

The majority of states, including his own, put the burden of proof on the state to disprove beyond a reasonable doubt, a claim of self defense. Anyone who hires that idiot is insane.

Wisconsin law described by a lawyer who isn't afraid to give his name:
http://www.chirafisiverhoff.com/wisconsin-criminal-attorney/self-defense.asp

Who knew Massachusetts is "uncivilized" http://www.mass.gov/courts/courtsandjudges/courts/districtcourt/jury-instructions/criminal/pdf/9260-defenses-self-defense.pdf

And Vermont? http://www.vtjuryinstructions.org/criminal/MS04-151.htm

And Connecticut.
http://www.cga.ct.gov/ps99/rpt/olr/htm/99-r-0984.htm

[MrSlayer]

3. No, they never want to face cross examination.

Not unusual at all.

[arely staircase]

6. but in self defense claims

is it unusual to decline to testify? Or is this a peculiarity created by a flaw in Florida law?

[pnwmom]

18. I don't think it is unusual.

Especially if the defense lawyer thinks the case against the defendant is weak; they don't want to take any chances. Any time you put a defendant on the stand, even a perfectly innocent defendant, you're taking a chance on a wild card.

For example, the prosecution could open the door to a line of testimony that a judge has previously ruled out, simply by tricking a defendant into bringing up the issue himself. It might not have anything to do with his actual guilt -- just something that could make him look bad and hurt him with the jury.

[Benton D Struckcheon]

4. Should read the link,

and what it links to. It appears that in 49 of the 50 states, the best strategy is the "Zimmerman doctrine": if there's no witnesses, shoot to kill, have a good story to tell. Dead men tell no tales.
Ohio is the only exception.

[Skittles]

5. Zimmerman's ridiculous story would have been effortlessly torn to shreds

that's why he did not testify

[Major Hogwash]

7. That's right.

And in this case, this is why the prosecution focused on emphasizing the lethal use of force by Zimmerman, and then also asking the jury to consider manslaughter.

I could not believe the jury didn't think it was at the very least a case of manslaughter, but Zimmerman will have yet another day in court.

[arely staircase]

13. without a doubt nt

[KarenS]

8. I heard some attorneys talking on one of the shows

I believe it was on HLN, they were saying that in cases of self defense it is normal that the defendant take the stand because the burden of proof is on them but not in Florida. But, don't quote me on this,,, do some checking because I was listening and sewing at the time.

[former9thward]

11. We won't quote you because it is not true.

FL self defense law is the same as 48 of the other 49 states -- per the link in the OP.

[onenote]

17. See post 16

I don't know if its 49 states, but the majority of states, including the idiot lawyer in Wisconsin's own state, and states like Vermont, Connecticut, and Massachusetts, apparently are uncivilized.

[Nye Bevan]

9. A good prosecutor could make Jesus Christ seem like a criminal on cross-examination.

Defendants hardly ever take the stand. It's pretty much only when the case is going terribly for them, and they do it as a Hail Mary, or if they are a smooth-talking celebrity hoping to wow the jury with their charisma.

[arely staircase]

12. but in most jurisdictions

Is it not normal for a defendant to take the stand when claiming self defense in the taking of a life? I understand that overall the defendant doesn't testify. But in this type of situation it might be a peculiarity of Florida statute.

[Nye Bevan]

14. I really don't know, IANAL. Sorry (nt)

[onenote]

19. There is no "normal". Each case is approached by the attorneys based on its facts

The only reason a lawyer would put the defendant on the stand is if he felt he had no other choice because of the strength of the prosecution's case.

[former9thward]

10. You didn't read your whole link

Following up on the conversation, Eugene Volokh suggests that the law of self-defense is actually the same in Florida as it is throughout the country, with the single exception of Ohio.

So FL is not peculiar at all.