Is it misconduct to ask a witness to comment on their own credibility?

California, United States of America


The following excerpt is from People v. Haynes, D074060 (Cal. App. 2019):

Additionally, the precise issue in Chatman, supra, 38 Cal.4th 344 was whether it is misconduct to ask a witness to comment on the veracity of other witnesses. (Id. at p. 379.) The policy concerns identified in Chatman regarding asking one witness to comment on the veracity of another witness's testimony do not arise when, as here, the witness is asked to comment on his or her own credibility. Certainly, a witness is competent to render an opinion on his or her own veracity, and the witness's answer to the question "[a]re you lying?" would be relevant to the jury's assessment of the witness's credibility. (Cf. United States v. Freitag (7th Cir. 2000) 230 F.3d 1019, 1024 ["[W]e are not troubled by the prosecutor asking a witness to remark on the truthfulness of her own testimony because the witness's reaction and response are proper fodder for the jury's credibility determinations."].)

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