What is the test for coercive testimony in a sexual assault case?
California, United States of America
The following excerpt is from People v. Jenkins, 22 Cal.4th 900, 95 Cal.Rptr.2d 377, 997 P.2d 1044 (Cal. 2000):
Our cases require that we review the record and reach an independent judgment whether the agreement under which the witnesses testified was coercive and whether defendant was deprived of a fair trial by the introduction of the testimony, keeping in mind that generally we resolve factual conflicts in favor of the judgment below. (People v. Badgett, supra, 10 Cal.4th at pp. 350, 352, 41 Cal.Rptr.2d 635, 895 P.2d 877.) Upon this record, we cannot conclude that any of the four accomplices
[95 Cal.Rptr.2d 461]
was under strong compulsion to testify consistently with earlier statements or in a particular manner, such that the introduction of their testimony constituted a violation of defendant's right to a fair trial.[95 Cal.Rptr.2d 461]
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