The trier of fact is legally obligated to hear the testimonies from both the accused & the accuser.

northpolarbear

Active Member
Oct 3, 2015
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The trier of fact is legally obligated to hear the testimonies from both the accused & the accuser.



www.avvo.com/legal-answers/my--the-accused--words-vs-the-accuser-s-words--are-2383234.html

Quoting from Avvo.com on lawyers for the question “My (the accused) words vs the accuser's words, aren't they equally valued testimonies? If so, shouldn't she provide the proofs? Regarding someone claiming to be sexually assaulted by me at a party, if "no one else saw" me doing it & "no one else saw" me even being at anywhere near the party, not to mention having no proof at all like "my" semen, fingerprints or anything, how can I legally ever get convicted? That's legal? Aside from fair trial, defined sentencing parameter, false imprisonment, etc, I want to make sure that I am pressured wrongfully. I didn't do it; I shouldn't have to be bothered with being reported. I certainly shouldn't be convicted because I didn't see any trial going on & I was never notified of anything (certainly not legally notified).”,

Lawyer: “The trier of fact has to listen to each story and determine its credibility. These other facts you speak of will also be discussed through the course of the trial, and the jury will decide if the case has been proven beyond a reasonable doubt. That being said, the jury is allowed to look at things such as demeanor and motive to fabricate when valuing testimony.”
 
It is with all due respect that I say, "Bullshit!" The accused need not say a fucking word. And his refusal to say anything may not be construed against him/her. At least in theory.
 
Only if the accused wishes to make a statement. You have little working knowledge of English or our legal system.
 
While it is true that an accused has a right under our system to remain silent, juries generally consider this to be an indication of guilt.
Under the Law of the Lord, a false accusation is a call to witness. "The two between whom the controversy is, shall stand before the Lord".
Both sides must fully confess their own sins in the matter. Failure of the accused to speak puts the matter into the realm of politic. Good luck with that.
 

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