TESTIFYING IN CRIMINAL CASES

TESTIFYING IN CRIMINAL CASES

ROBERT C. PHILLIPS
Deputy District Attorney (Ret)
January, 2009

I.          Rule #1:  Always Tell the Truth.

II.        The Importance of Witnesses:

A.        Witnesses are the primary vehicle by which evidence is transmitted to the “trier-of-fact” (i.e., jury).

B.        Witness credibility is almost always an issue:

1.         Juries are instructed concerning things to consider in evaluating the credibility of a witness (E.C. § 780; CALJIC 2.20), including, but not limited to;

a. Demeanor while testifying and manner in which he/she testifies.

b. The character of his/her testimony.

c. The extent of his/her (mental) capacity to perceive, to recollect or to communicate any matter about which he/she testifies.

d. The extent of his/her opportunity to perceive any matter about which he/she testifies.

e. His character for honesty or veracity or their opposites.

f. The existence or nonexistence of a bias, interest, or other motive.

g. A statement previously made by him/her that is consistent with his testimony at the hearing (but only after the truth of the statement has been attacked [See E.C. § ....

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