Can a prosecutor comment on a witness's credibility?

California, United States of America


The following excerpt is from People v. Gabrielson, G049572 (Cal. App. 2015):

However, these limits do not wholly preclude a prosecutor from commenting on a witness's credibility. "'"[A] prosecutor is given wide latitude during argument. The argument may be vigorous as long as it amounts to fair comment on the evidence, which can include reasonable inferences, or deductions to be drawn therefrom."'" (People v. Ward (2005) 36 Cal.4th 186, 215.) "[S]o 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,' her comments cannot be characterized

Page 16

Other Questions


How have courts interpreted comments made by a prosecutor in a civil case where the prosecutor suggested that the prosecutor's theories were not the exclusive theories that may be considered by the court? (California, United States of America)
Is it misconduct for a prosecutor to comment on the credibility of defense witnesses? (California, United States of America)
Does a court have to give deference to a prosecutor's argument that the prosecutor's credibility was compromised by the trial court? (California, United States of America)
What is the test for misconduct by a prosecutor at a civil trial where the prosecutor made comments that defense counsel did not object to? (California, United States of America)
Is a prosecutor entitled to comment on the credibility of a witness? (California, United States of America)
Is a prosecutor misconduct by commenting on a defense's failure to call a witness that the prosecutor knows is unavailable? (California, United States of America)
Can a defendant bring a claim against a prosecutor for misconduct on appeal against the finding that the prosecutor made inappropriate comments about a change in the defense? (California, United States of America)
When a prosecutor criticizes a defense attorney's conduct at trial, can the prosecutor be found guilty of misconduct if the prosecutor's arguments are not in the context of the defense counsel's conduct? (California, United States of America)
Can a prosecutor comment on the state of the evidence or on the defense's failure to call logical witnesses? (California, United States of America)
Does a prosecutor's comment that an experienced defense counsel will "twist and poke" at the prosecution's case constitute a personal attack on counsel's integrity? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.