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One might think that the link between jailhouse informant testimony/wrongful convictions and the magnitude of the incentives offered to jailhouse informants would be enough to neutralize informants in the eyes of the jury. On the contrary, jailhouse informant testimony is persuasive to jurors. The defense must find a way to impeach the jailhouse informant and educate jurors on the dangers of this type of testimony.
Many lawyers have represented clients who believe they want to go to trial and testify in their own defense. How do lawyers advise clients regarding this critical decision whether to testify? How should counsel integrate the client’s decision to testify (or not) throughout the remainder of the trial?
Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioner (On Petition for Writ of Certiorari).