Can a prosecutor improperly vouch for the credibility of a witness?

California, United States of America


The following excerpt is from People v. Evans, E059992 (Cal. App. 2015):

"'"It is settled that a prosecutor is given wide latitude during argument. The argument may be vigorous as long as it amounts to fair comment on the evidence, which can include reasonable inferences, or deductions to be drawn therefrom. [Citations.]"' [Citation.]" (People v. Thomas (2012) 53 Cal.4th 771, 822.) Consistent with this principle, "[a] prosecutor may comment upon the credibility of witnesses based on facts contained in the record, and any reasonable inferences that can be drawn from them, but may not vouch for the credibility of a witness based on personal belief or by referring to evidence outside the record. [Citations.]" (People v. Martinez (2010) 47 Cal.4th 911, 958.)

Defendant relies on United States v. Kerr (9th Cir. 1992) 981 F.2d 1050, which held that the following statements regarding various witnesses constituted improper vouching:

"'I think he . . . was very candid.'

"'I don't think it was a pat story, because there are variations.'

"'I think he . . . was candid. I think he was honest.'

"'[A named witness] was candid with you folks.'

Page 18

"'The question is, were they hoodwinking you when they testified? I think not.'"

(Id. at p. 1053.)

Other Questions


Can a prosecutor improperly vouch for the credibility of an expert witness? (California, United States of America)
Is a prosecutor improperly vouching for the credibility of witnesses? (California, United States of America)
Is a prosecutor permitted to improperly vouch for the credibility of a witness? (California, United States of America)
Is a prosecutor improperly vouching a witness's credibility? (California, United States of America)
Is it improper for a prosecutor to offer assurances that a witness is credible or to suggest that evidence available to the government but not before the jury corroborates the testimony of the witness? (California, United States of America)
Can a prosecutor vouch for the credibility of a witness by referring to evidence outside the record? (California, United States of America)
Is a prosecutor prohibited from vouching for the credibility of witnesses or otherwise bolstering the veracity of their testimony by referring to evidence that was not in the record? (California, United States of America)
Is a prosecutor permitted to vouch for the credibility of witnesses? (California, United States of America)
Can a prosecutor vouch for the credibility of witnesses by referring to evidence that is not in the record? (California, United States of America)
Is a prosecutor permitted to vouch for the credibility of his or her witnesses? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.