Can a witness testify that they fear retaliation for testifying?

California, United States of America


The following excerpt is from The People v. Perez, E049891, No. INF065558 (Cal. App. 2011):

As the trial court also pointed out, the reasons a witness fears retaliation are also relevant to assessing the witness's credibility, but because the prejudicial effect of such evidence may outweigh its probative value on the credibility question, such evidence is admissible "within the limits of Evidence Code section 352." (People v. Stewart, supra, 33 Cal.4th at p. 492, fn. 28.) But this does not mean that a witness's testimony that he or she fears retaliation for testifyingwithout any explanation of the reasons the witness fears retaliationwill always be unduly prejudicial.

Other Questions


What is the effect of testifying in a criminal case if the witness is afraid to testify or fears retaliation for testifying? (California, United States of America)
What is the test for evidence that a witness is afraid to testify or fears retaliation for testifying? (California, United States of America)
What is the test for evidence that a witness is afraid to testify or fears retaliation for testifying? (California, United States of America)
Is evidence that a witness is afraid to testify or fears retaliation for testifying admissible? (California, United States of America)
Is it relevant and proper for a police officer to testify that he witnessed a witness identify a defendant in a lineup? (California, United States of America)
Is there any case law where a trial court improperly excluded a witness from testifying because the witness name was not disclosed during discovery? (California, United States of America)
Can a defendant prevent a witness from testifying in court by preventing the witness from giving evidence? (California, United States of America)
Can a witness be admitted as a witness at a preliminary hearing where the witness is in a state hospital? (California, United States of America)
Does the Court have to grant immunity to a witness who testified in a witness testimony that the testimony was inconsistent with the instructions? (California, United States of America)
What is the test for giving immunity to a witness who testified in a witness testimony? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.