Is it legal for a prosecutor to ask a defendant to take the stand if he's plead the fifth prior to court?

Question

For example: let's say a prosecutor wants to make a show to the jury by having the defedant sit on the stand and actually say, "I invoke my Fifth Amendment Right not to testify against myself." Can he call on the defendant even though he knows the defendant has said he will not testify?

If so, what would happen if the prosecutor called on the defendant? If the judge says, "he cannot be called," could the prosecutor then turn to the jury and say, "Oh, that's right, he's refusing to testify so he does not incriminate himself!"?

Answer 1

no they can't do that . if they did they would have ethics charges brought against them and would be disciplined

Answer 2

The prosecutor can not call the defendant to the stand. However, if the defendant takes the stand to be questioned by his lawyer, then the defendant can be cross examined by the prosecutor.

Answer 3

http://answers.yahoo.com/question/index;...

Answer 4

Depends on the judge.  The defendant has to "plead the fifth" under oath, and some judges won't let a prosecutor speak like that in court, some will.

They're friends, you know, and work together all the time, so sometimes judges let things slide that shouldn't.

Answer 5

In a court of law, the defendant does not have to testify.  The prosecutor cannot call the defendant .  The defense attorney is the only one who can call the defendant to testify, but if the defense calls the defendant, the prosecutor has the right to cross-examine the defendant.  The prosecutor is, also, forbidden to use the fact that the defendant did not testify is anyway to influence the jury.  

Answer 6

Take the stand, and plead the 5TH AMENDMENT to ALL THE QUESTIONS in open court.

Answer 7

if a person says in advance that he/she will plead to the 5th he/she can still be called to the stand and state under oath that they pleas to the 5th. until they are under oath and say it it doesn't mean anything. if the prosecutoer then says to the jury and says "oh,that's right right,etc. the defense lawyer would be stupid not to step in and objest to the statement and have the judge rule as to wether or not it should be allowed. a good judge will not allow it to remain in the records of the trial. although truth be told once it is out there to the jury it is in their minds and being human it will have an affect on their decision.

Answer 8

The defendant can take the stand, but while on the stand he can continuously plead the 5th.

Answer 9

I've seen this done only once in court.  The judge declared a mistrial and released the defendent, and the prosecutor got to spend the night in jail for contempt of court.  The DA office fired the prosecutor the next morning, and refused to refile the case.

I suggest you give it a try.  It might work this time.

Answer 10

The prosecutor cannot call a defendant to the stand, and if he tried the tactic of calling the defendant anyway, and being admonished by the judge, it could result in a mistrial.  If, however, the defense attorney calls the defendant to testify, then the prosecutor has the right to cross-examine the witness, which allows him to ask leading questions.  For example, instead of saying "Where you in the house that night?" he could say, "You were in the house that night, weren't you?"

Answer 11

No.  A prosecutor cannot call the defendant as a witness at all.  If the defense calls the defendant the prosecutor can cross-examine, but the prosecutor cannot call the defendant at all, in any court in the u.s.  Furthermore, in every state there is an ethical rule that prohibits any lawyer, prosecutor, defense or civil, from calling any witness for the purpose of having that witness invoke the 5th amendment.  

Answer 12

that is called "un-ringing the bell". the mere fact that you don't take the stand says you are invoking your 5th amendment rights. it's just a thing the DA's do.

Answer 13

You have to go record with the 5th am.  So you must take the stand for it to be documented.  

Answer 14

The prosecutor would be placing himself in great jeapordy including possible loss of his license to practice law.

The judge, in this scenario, would have to declare a mistrial.

Answer 15

Just because a person at one point has plead the fifth, does not mean that later on they could not be called again.  The person may plea the fifth again, or not, prosecuters will take the chance.  If the prosecutor did make a scene about the person pleading the fifth, the judge will just ask that the jury disregard the last statement.

Answer 16

The prosecutor can, and should insist that the defendant come up to the stand and invoke the fifth.  If it is invoked outside court, it is not valid.  It must be done before the judge in order for it to be official.

The prosecutor CANNOT suggest to the jury that he is guilty because he invoked the fifth.  Doing so may result in a mistrial and the judge may order a new jury selected.

Answer 17

The prosecution cannot call the defendant in a criminal case. There is no "invoking" the right by a defendant (however a witness can).

If the defendant refuses to testify during the defense phase of the trial, the prosecution cannot use that against him/her.  It is an absolute right to not have to testify against yourself, so it cannot be held against you if you exercise it.

If the defendant takes the stand in the defense phase of the trial, they waive the right to invoke the 5th amendment during cross-examination.

If the prosecutor said "Oh, that's right, he's refusing to testify so he does not incriminate himself!"? it would be an immediate mistrial.