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 ....

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