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Old November 24, 2011, 08:28 PM   #26
Senior Member
Join Date: July 26, 2005
Location: The Bluegrass
Posts: 8,338
I think it's a pretty risky strategy to assert a self-defense claim and not testify. I've seen a couple of cases where charged defendants tried this and were unsuccessful. I don't think it matters how many times a judge instructs the jury not to hold the defendant's silence against him in a self-defense case. The defendant has to justify the killing and the jury wants to hear from him or her.
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