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Litigation

Jul. 26, 2008

Unsworn Defendants Have No Right to Speak, Court Rules

Web Exclusive - Criminal defendants do not have a right to speak during sentencing hearings unless they are under oath and a prosecutor can cross-examine them, the California Supreme Court ruled Thursday.

WEB EXCLUSIVE

By Cortney Fielding
Daily Journal Staff Writer

      Criminal defendants do not have a fundamental right to speak during their sentencing hearings unless they are under oath and a prosecutor can cross-examine them, the California Supreme Court ruled Thursday.
      While a trial court does have the option of allowing a defendant to make a short informal statement if all p...

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