What is a defendant's motive for testifying in a criminal case?

California, United States of America


The following excerpt is from People v. Alvarez, 49 Cal.App.4th 679, 56 Cal.Rptr.2d 814 (Cal. App. 1996):

As a general rule, motive for testifying may be relevant and probative in a given case. Defendant aptly points out motive for testifying is relevant when a witness has agreed to testify as part of a plea bargain settling criminal charges against the witness. Similarly, any person who faces criminal conviction and incarceration for any period of time has a motive to lie when he or she is a criminal defendant on trial. It is normally the prosecutor and not the accused who benefits when a confession is recanted because of the punishment that awaits. On the other hand, when a lengthy period of incarceration is involved, such evidence can "backfire" against the prosecution to the extent the jury feels sympathy for the defendant. (See People v. Shannon, supra, 147 Cal.App.2d at p. 306, 305 P.2d 101.)

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