In hopes of securing a conviction, the prosecution will present testimonial and documentary evidence against you. While the strength of their case might seem failproof, there may be issues with their evidence that could prove beneficial to your criminal defense. This is especially true when it comes to the reliability of witness testimony. If you’re not careful in how you address this issue, the prosecution could put forth questionable evidence that the jury then relies upon to convict you.
So, as you build your criminal defense, you’ll definitely want to consider whether the credibility of some or all of the prosecution’s witnesses can be challenged. There are several ways to attack a witness’s credibility, too, so let’s look at the strategies that may be available to you so that you can figure out the best way to approach your case.
Ways to attack witness credibility
There are several ways to attack witness credibility. Here are some of the most common and effective that you may want to consider using in your case if the facts allow:
- Pointing out prior inconsistent statements: Witnesses oftentimes change their account of events. When they do, you can highlight even the smallest changes to show that their testimony can’t be trusted. One of the best ways to do this is to depose the prosecution’s witnesses, that way you have a starting point for their testimony. You can then use the deposition transcript at trial to show how their in-court testimony differs, if in fact it does. Showing these inconsistent statements can be a powerful move to make in front of a jury.
- Showing motivation: If the witness has a motivation to testify against you, then you need to show that to the jury so that they understand that there are other factors in play other than the truth. Having motivation can taint one’s testimony, so you need to highlight this issue for the jury to take into consideration.
- Proving bias: If the witness is biased against you for some reason, then you might be able to demonstrate that their testimony is unreliable. As an example, consider a situation where a witness who testifies against you is mad at you because you failed to pay back money that they let you borrow. Here, there could be an argument that the witness is testifying against you simply to get back at you.
- Illustrating a criminal history tied to untruthfulness: The rules of evidence preclude you from presenting all of a witness’s criminal history in court. But if they have criminal convictions that are tied to dishonesty, then you might be able to introduce that evidence to attack the witness’s credibility. If you can show that a witness was convicted for something like fraud or forgery, then you’ll paint a vivid picture for the jury and will likely minimize the impact of that witness’s testimony.
Don’t let poor witness testimony lead to your conviction
Although there might be issues with the credibility of the prosecution’s witnesses in your case, it’s up to you to raise those issues. If you don’t, then the jury may base their decisions on inaccuracies, misconstrued facts and motivated lies. With your future in the balance, you can’t afford to take that chance. So, as you build your criminal defense, research the prosecution’s witnesses to see where they’re vulnerable to attack, then pounce on every opportunity you identify. Hopefully then you can beat the prosecution and get back to your normal life.
