What is the test for rejecting a witness's testimony in a criminal case?

California, United States of America


The following excerpt is from People v. Mulkey, C063519, Super. Ct. No. CRF08297 (Cal. App. 2012):

13. CALJIC No. 2.21.2 reads as follows: "A witness, who is willfully false in one material part of his or her testimony, is to be distrusted in others. You may reject the whole testimony of a witness who willfully has testified falsely as to a material point, unless, from all of the evidence, you believe the probability of truth favors his other testimony in other particulars."

14. Miranda v. Arizona (1966) 384 U.S. 436 [16 L.Ed.2d 694].

Other Questions


Does testimony supporting a defense in a criminal case undermine the fundamental fairness of the criminal trial and thus precluding a possible lesser conviction for involuntary manslaughter? (California, United States of America)
Is a parent, relative, or co-habitant of a defendant in a criminal case outside the scope of marital privilege in criminal cases? (California, United States of America)
Is a person who is a member of a criminal gang liable for criminal activity if they are not involved in the criminal activity? (California, United States of America)
Is there any case law or case law that would have changed the disposition of a defendant in a civil case? (California, United States of America)
How should a jury consider other criminal activity at the penalty phase of a criminal case? (California, United States of America)
In a criminal case, is there any case law in which a jury has been ordered to conduct cross-examination of evidence in the penalty phase? (California, United States of America)
For the purposes of section 1202.4, subdivision (f) of the California Criminal Code, how have courts interpreted the meaning of the term "criminal conduct" in the context of a criminal conviction? (California, United States of America)
Can a defendant be convicted of both counts of membership of a criminal street gang and a charge of criminal activity under section 654 of the California Criminal Code? (California, United States of America)
How have the voir dire questions in a criminal case been interpreted by the trial court and the prosecutor in this case? (California, United States of America)
How have the cases of two separate sexual assault cases been determined to be cross-admissible under section 1101 of the Criminal Code? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.