Can a prosecutor cross-examine the credibility of a defendant's testimony?

California, United States of America


The following excerpt is from People v. Shin, G058082 (Cal. App. 2021):

"The prosecutor is entitled to attempt to impeach the credibility of a defendant's testimony [citation] and point out inconsistencies between his or her testimony and prior inconsistent statements. When a defendant chooses to testify concerning the charged crimes, the prosecutor can probe the testimony in detail and the scope of cross-examination is very broad. [Citations.]" (Dykes, supra, 46 Cal.4th at p. 764.) "While counsel is accorded 'great latitude at argument to urge whatever conclusions counsel believes can properly be drawn from the evidence [citation],' counsel may not assume or state facts not in evidence [citation] or mischaracterize the evidence [citation]. '"Whether the inferences the prosecutor draws are reasonable is for the jury to decide."' [Citations.]" (People v. Valdez (2004) 32 Cal.4th 73, 133-134.)

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