In a sexual assault case, is a prosecutor permitted to personally vouch for the credibility of his or her witnesses?

California, United States of America


The following excerpt is from People v. Fierro, E057818 (Cal. App. 2014):

The prosecutor is not permitted to personally vouch for the credibility of his or her witnesses because it inserts into the trial facts outside the record and unknown to the jury. (People v. Huggins (2006) 38 Cal.4th 175, 206-207.) However, in closing arguments, the prosecutor is permitted to argue to the jury that, under the circumstances of the case, a witness is telling the truth. (People v. Boyette (2002) 29 Cal.4th 381, 433; People v. Fernandez (2013) 216 Cal.App.4th 540, 561.)

b. Additional Background

Other Questions


Is the court abused its discretion in refusing to protect a witness in a sexual assault case from the possibility that the prosecution witnesses in the case colluded to corroborate their testimony? (California, United States of America)
If a prosecutor asks a witness for immunity from prosecution in a sexual assault case, what facts would affect his credibility? (California, United States of America)
What is the relevant case law regarding allegations of sexual assault made against appellant in a sexual assault case? (California, United States of America)
In what circumstances will a prosecutor increase the sexual assault charge against a defendant to include additional sexual assault charges? (California, United States of America)
Is there any case law in which a prosecutor has been found to have gone beyond the facts in their argument to the jury in a sexual assault case? (California, United States of America)
In a sexual assault case, is it possible for a defendant to sexually assault two women by touching their genitals? (California, United States of America)
Does a promise of leniency from a detective at trial and on appeal in a sexual assault case affect the credibility of a witness at trial? (California, United States of America)
What is the test for credibility of a witness in a sexual assault case? (California, United States of America)
What is the test for admitting prior sexual assault evidence in a sexual assault case? (California, United States of America)
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.