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
The following excerpt is from People v. Randall, C054685 (Cal. App. 10/30/2008), C054685 (Cal. App. 2008):
"It is 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 a witness." (People v. Cook (2006) 39 Cal.4th 566, 593.)
"However, so long as a prosecutor's assurances regarding the apparent honesty or reliability of prosecution witnesses are based on the `facts of [the] record and the inferences reasonably drawn therefrom, rather than any purported personal knowledge or belief,' [the] comments cannot be characterized as improper vouching.'" (People v. Frye (1998) 18 Cal.4th 894, 971.)
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