Saturday, April 24, 2010

Criminal law cases and Police witnesses

The NJ Appellate Division this morning ruled that it is improper for a prosecutor to attempt to vouch for the credibility of a police witness in summation. In Murphy, the prosecutor noted during summation that the officer who had testified in the case had no stake in the outcome of the trial and no reason to lie. In granting a new trial, the Court held that "[c]redibility was the critical issue in the case," and the "State's entire case rested on the testimony of the officer[.]When a jury must choose which of two opposing versions to credit, it simply cannot be said that the evidence is overwhelming." Thus, when "the jury's determination hinged completely on whether the jurors believed the officer['s] testimony or [defendant's] testimony," a prosecutor's remark that exceeds the bounds of legitimate advocacy can never be deemed harmless.
Statements such as this are often made by the prosecutors at the time of their closing. Now the defense will have the opportunity to object to such a statement! The 'no real stake in the outcome' always created an uphill argument for defendants and I always argued that such a statement would impinge on the defendant's right to remain silent as well.

1 comment:

  1. When you are suffering from a criminal charge of any sort, no matter how large or small, your chances of success will improve significantly by using the services of Criminal Attorneys instantly. A preliminary session with a criminal attorney can provide you with the immediate info you'll need so that you don't make any unneeded mistakes that may possibly put in danger your criminal case.

    Criminal Attorneys.com is here to help you through this trying process by providing to-the-point articles that may make suggestions and counsel you as you go along, as well as a directory of the nation's very best criminal attorneys within your state and nation.

    ReplyDelete