What is the effect of testifying in a criminal case if the witness is afraid to testify or fears retaliation for testifying?
California, United States of America
The following excerpt is from People v. Tuggle, B282497 (Cal. App. 2019):
witness is afraid to testify or fears retaliation for testifying is relevant to the credibility of that witness . . . [as is an] explanation of the basis for the witness's fear . . . .' [Citations.]" (People v. Merriman (2014) 60 Cal.4th 1, 86.) In particular, giving testimony despite the risk of retribution by gang members properly tends to bolster a witness's credibility. (See People v. Olguin (1994) 31 Cal.App.4th 1355, 1368.)
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