Section 1.8 Prosecutor Vouching for State’s Witness’s Credibility
| Library | Evidence 2017 |
3. (§1.8) Prosecutor Vouching for State’s Witness’s Credibility
Prosecutor vouching invades the province of the jury to determine witness credibility. “Vouching occurs when a prosecutor implies that he or she has facts establishing the veracity of a state’s witness that are not before the jury for their consideration.” State v. Ringo, 30 S.W.3d 811, 822 (Mo. banc 2000).
A vouching issue can arise when a prosecutor persistently refers to the fact that a plea agreement includes a promise for the witness to testify truthfully against the defendant, thereby implying that the prosecutor has verified the accuracy of the witness’s...
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