The Impact of False Testimony

Criminal cases are largely built upon the testimony of people. People testify in thousands of courtrooms across the country everyday and their testimony serves as the basis for putting people in prison. The job of a jury is to determine whether these people are telling the truth or are giving false testimony. Based upon conviction rates that normally surpass 90% after a jury trial, it appears that nearly all juries determine that witnesses tell the truth when they take the stand. Given such a high conviction rate, it is worth taking a closer look at how a jury determines whether a witness is telling the truth.

Many criminal cases consist of different types of evidence, however, the two most common types are physical and testimonial evidence. Perhaps the most important type is physical evidence, such as video recordings or a crime as it is committed or DNA or fingerprints linking a person to a crime. Physical evidence is extremely strong because the evidence is nearly impossible to refute and is objective, meaning that it is subject to minimal human interpretation. Another reason it is important is because it often serves to prove or disprove what a witness is saying.

Testimonial evidence is the second most common type of evidence. It often times is strong and judging by the conviction rates nearly always believed by juries. However, the courts recognize that witnesses can and do lie on the stand. Before any jury makes a decision on a criminal case, the judge instructs them to evaluate the credibility of witnesses with the following factors, among others: if the witness had any relationship to the government or the defendant, or anything to gain or lose from the case, that might influence the witness’s testimony; if the witness had any bias, or prejudice, or reason for testifying that might cause the witness to lie or to slant the testimony in favor of one side or the other; and if the witness testified inconsistently while on the witness stand, or if the witness said or did something differently in the past compared to what he said while testifying in court.

This instruction by the judge is extremely important because human beings tell lies nearly as early as they can talk. Whatever the gravity of the lie, the impact of false testimony in a criminal trial can be devastating and result in a person losing their liberty. The testimony of an eyewitness who is saying that they actually saw a person commit a crime can seal a person’s fate. Even more significant testimony is that of a police officer. The judge tells a jury that the same factors should be considered when determining whether to believe the police officer, however, the reality based upon my experience is that jurors will rarely think the police officer is lying and take an accused criminal’s word over that of a police officer. This is fine when a criminal suspect is actually lying in an attempt to get himself out of trouble. But this fact makes it nearly impossible to prove when a law enforcement officer is actually not telling the truth or exaggerating the truth.

If you are in a situation where you believe that the witness is lying or a police officer is being untruthful, make sure you bring it to your attorney’s attention. The more evidence that you have to give your attorney the better because it will enable him to more thoroughly research the issues and prepare for cross examination of the witness. Also, it is better to tell your attorney early on in the case so that he has adequate time to uncover the truth. Accusing witnesses or even more so police officers is a risky proposition. However, if evidence exists to show this and you have an effective attorney on your side, the truth will set you free!