What is the impact of the government's vouching in a witness testimony?
MultiRegion, United States of America
The following excerpt is from United States v. Flores, 802 F.3d 1028 (9th Cir. 2015):
the form of vouching; how much the vouching implies that the prosecutor has extra-record knowledge of or the capacity to monitor the witness's truthfulness; any inference that the court is monitoring the witness's veracity; the degree of personal opinion asserted; the timing of the vouching; the extent to which the witness's credibility was attacked; the specificity and timing of a curative instruction; the importance of the witness's testimony and the vouching to the case overall.
Id. at 1085; see also United States v. Williams, 989 F.2d 1061, 1072 (9th Cir.1993). Considering these factors, we conclude that the government's vouching did not substantially prejudice Flores.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a prosecutor have to vouch for a witness who is not a government witness? (MultiRegion, United States of America)
What is the government's argument in support of its contention that the federal government does not have the authority to compel pretrial disclosure of the identity of government witnesses? (MultiRegion, United States of America)
Does the testimony of a witness in a sexual assault case constitute an opinion on the truthfulness of another witness's testimony? (MultiRegion, United States of America)
Does the government improperly vouch for the veracity of a witness testimony? (MultiRegion, United States of America)
Is it inappropriate for a witness to admit that he or she was not aware of the facts of another witness's testimony? (MultiRegion, United States of America)
Is it improper for the prosecution to vouch for the credibility of a government witness? (MultiRegion, United States of America)
Is there a difference between the testimony of a witness and the evidence of evidence of the witness's free will? (Canada (Federal), Canada)
Does the Government have any case law that supports its argument that "the same analysis applies whether the witness is an expert or a lay witness"? (MultiRegion, United States of America)
How has the US Supreme Court upheld testimony of an impeached witness explaining his own prior failure to testify for the Government or his prior contradictory or inconsistent statements because of fear of retaliation? (MultiRegion, United States of America)
If a witness is intimidated into giving evidence to a grand jury, is that intimidation offset by the introduction of the witness's prior testimony? (MultiRegion, United States of America)
