'Impeaching' Cooperating Witnesses
Stephen A. Saltzburg
George Washington University School of Law
Criminal Justice, Vol. 22, No. 2, Summer 2007
GWU Legal Studies Research Paper No. 344
GWU Law School Public Law Research Paper No. 344
This article, discussing trial tactics, considers the scenario in which the government seeks to elicit testimony from a witness, involved in the criminal activity, that has entered into a plea agreement; the defendant offers to stipulate that the defense will make no effort to impeach the witness through the use of the plea agreement and moves to exclude it from evidence; yet the prosecutor insists upon using the agreement. The article discusses United States v. Richardson, 421 F.3d 17 (1st Cir. 2005), and United States v. McNeill, 728 F.2d 5 (1st Cir. 1984), and concludes that there is no sensible distinction to be drawn between them.
Number of Pages in PDF File: 4
Keywords: impeachment, witness credibility, evidence, plea agreement, Richardson, McNeill
JEL Classification: K14, K42
Date posted: September 3, 2007
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