Just so everyone knows, if one chooses to take the stand in his own defense during a trial, then yes, his prior convictions are admissible. That’s the main reason most criminal defendants don’t take the stand. Then if you are convicted, criminal convictions are always, no matter what, admissible during the punishment phase of the trial.
That depends on the state. You are overgeneralizing why people choose not to testify. Otherwise, I agree with you. I think she is in a really bad position.
Name the states where they are not. And yes, that’s the reason most people cannot testify for themselves. There are other reasons why one might not choose to do so, but that is the reason most CAN’T reasonably testify.
Pennsylvania, for one. Only prior convictions for crimes involving dishonesty are admissible. A defendant testifying doesn't open the door to an entire criminal history (sex crimes, assaults, DUIs, drugs, trespass, vandalism, etc., etc.) They are typically only admissible for 10 years after conviction too. Plenty of people chose not to testify on the advice of their attorney. Some examples, the state's case is insufficient, the defendant is a bad witness for a variety of reasons (stupidity, poor communication skills, bad English, bad memory, overall unlikeability, etc.) Sometimes a case has more to do with the application of the law than it has to disputed facts too. There are lots of reasons.
