![badgering the witness badgering the witness](https://ih1.redbubble.net/image.1056499144.4818/ur,socks_flatlay_medium,square,1000x1000-bg,f8f8f8.1u3.jpg)
The defendant can even explain this to the other person that there will be no discussion about the case and certainly no attempt to influence the other person's testimony.ĭefendants can sometimes get themselves in trouble with the belief that talking things out with a witness may help resolve the matter or convince the witness to see things differently. If a relationship with a witness is more distant, such as a co-worker relationship, the defendant can make it a practice to talk with the other person only about matters pertaining to work. For example, spouses or close relatives and friends might agree only to discuss the case when they are with the attorney providing representation in the case. One option is for the defendant and the witnesses to be very careful about discussing case strategy and testimony. Even if a witness denies being influenced by the defendant, another person or the prosecutor can accuse the defendant of improper influence.
#Badgering the witness trial
Lawyers often tell their clients not to talk about a case with anyone, but this also is not realistic if two people live together or were present at the same event and are involved in trial preparation together. In criminal cases, defendants often are ordered not to have contact with any witnesses while the case is pending.Even if the court does not forbid contact, this is a best practice because contact can lead to accusations of witness tampering, whether or not tampering actually occurred.īut what if a witness in a case is a party's spouse, close relative, friend or co-worker? Criminal cases usually take several months to complete, if not years, and it simply is not realistic for people in close personal relationships not to have contact for such a long period. For instance, if the defendant pays someone to contact a witness or is involved in planning a threat or attack on a witness, he could be charged with witness intimidation or conspiracy to commit the crime. If the defendant is involved in witness tampering committed by another person, he also can be charged with a crime. If a relative or friend of the defendant threatens a witness or someone involved in or supporting the prosecution tries to bribe a witness, for example, both have committed witness tampering.
![badgering the witness badgering the witness](https://1.bp.blogspot.com/-zRB6lyAmk7Q/Vta3zeEMvaI/AAAAAAAAGHs/OzjQC4aYbQo/s1600/dd.jpg)
If a person threatens or tries to influence a witness's testimony on behalf of the defendant or the prosecution, he has committed a crime. The idea of witness tampering or intimidation probably brings to mind a defendant in a criminal case threatening a witness, but the defendant is not the only person who can be accused of or commit this crime. Who Can Be Accused of Witness Tampering or Intimidation A witness also could be threatened with harm to his business or reputation. An employer could threaten an employee's job or promise a promotion if the employee will testify in a certain way or refuse to testify. The other statutes require that the person accused actually threatened or intimidated the witness.Ĭoercion and intimidation can involve threats other than physical violence or property damage. Under the first type of statute, simply asking a witness to testify in your favor constitutes witness tampering. Others require a use of force, threat of force, or use of intimidation or coercion. Some states' statutes criminalize intentionally influencing a witness by any means. preventing a witness from attending a legal proceeding, such as a court hearing or deposition.threatening the witness's family members or loved ones, and.threatening a witness with physical violence or property damage.offering a witness a bribe (money, material goods, or some other benefit).asking a witness to testify in a certain way, to lie, to not testify, to not report a crime or to not cooperate with police.Intimidating or tampering with a witness involves trying to get a witness to lie, say certain things under oath, alter or destroy evidence, or not testify or cooperate with authorities at all. Interfering with a witness's testimony or cooperation in a criminal case is a criminal act that can be misdemeanor or a felony.