Is a prosecutor permitted to vouch for the credibility of his or her witnesses?

California, United States of America


The following excerpt is from People v. Givhan, B259172 (Cal. App. 2016):

A "prosecutor is generally precluded from vouching for the credibility of [his or] her witnesses, or referring to evidence outside the record to bolster their credibility or attack that of the defendant." (People v. Anderson (1990) 52 Cal.3d 453, 479 [finding prosecutor's argument extolling the veracity of the police officers based on their years of experience to not be improper vouching but proper argument tied to the evidence in the record].) " 'Prosecutorial assurances, based on the record, regarding the apparent honesty or reliability of prosecution witnesses, cannot be characterized as improper "vouching," which usually involves an attempt to bolster a witness by reference to facts outside the record.' [Citation.]" (Young, supra, 34 Cal.4th at p. 1198, italics added.)

Page 14

The prosecutor's argument was well within the realm of fair comment on the evidence in the record.

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