Without testifying the Defendant is using his 5th Amendment rights, this is smart because the Jury has no evidence that proves the Defendant guilty due to no witnesses. It is one persons word versus another if the Defendant does not speak he is more likely to be let go and have the charges dropped. Without testifying there is no way that the Defendant can incriminate himself. By not saying, anything makes the Defendant look more civilized and gives the Jury nothing to judge him by. This is a smart move as long the defendant has no prior offenses.
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