What is the legal test for presenting knowingly false testimony in a criminal case?
California, United States of America
The following excerpt is from People v. Leong, C068260, C069105 (Cal. App. 2014):
"A prosecutor's presentation of knowingly false testimony [citation], or the failure to correct such testimony after it has been elicited [citation], violates a defendant's right to due process of law under the United States Constitution. [Citations.]" (People v. Vines (2011) 51 Cal.4th 830, 873-874.) "When the prosecution [introduces and then] fails to correct testimony of a prosecution witness which it knows or should know is false and misleading, reversal is required if there is any reasonable likelihood the false testimony could have affected the judgment of the jury. This standard is functionally equivalent to the ' "harmless beyond a reasonable doubt" ' standard of Chapman v.
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California (1967) 386 U.S. 18. [Citation.]" (People v. Dickey, supra, 35 Cal.4th at p. 909, italics omitted.)
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