Section 1.8 Prosecutor Vouching for State’s Witness’s Credibility

LibraryEvidence 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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