Is a defendant entitled to argue that a witness has been affected by BWS?

California, United States of America


The following excerpt is from People v. Ransom, E072090 (Cal. App. 2020):

contests the witness's credibility along these lines, there is nothing preventing the jury from ultimately finding in its deliberations that the witness was not credible, based on misconceptions that could have been dispelled by BWS evidence. Thus, there is no need for the defendant first to bring up the potential inconsistency between a witness's actions and his or her testimony before the prosecution is entitled to attempt to dispel any misperceptions the jurors may hold by introducing BWS evidence, provided, of course, that there is an adequate foundation for a finding that the witness has been affected by BWS." (People v. Riggs (2008) 44 Cal.4th 248, 293.)

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