Wisconsin Uncorroborated Testimony of Accomplice

• Category: Criminal - Accomplices
• State: Multi-State
• Control #: US-00892
• Format: Word; Rich Text

Description

This is a sample jury instruction, whereby the court instructs the jury to regard certain testimony with hightened suspicion. Care must be taken that the language of the instruction is proper in your state and not subject to reversal on appeal.

Wisconsin Uncorroborated Testimony of Accomplice: In the state of Wisconsin, the Uncorroborated Testimony of Accomplice refers to a legal concept in criminal proceedings. An accomplice is an individual who knowingly and willingly participates in the commission of a crime, either by actively aiding or encouraging the criminal act. When an accomplice testifies against a defendant, their testimony is considered uncorroborated if there is no additional evidence or supporting witness testimony to substantiate their claims. The Wisconsin Uncorroborated Testimony of Accomplice is crucial because it poses challenges to the reliability and credibility of such testimonies. The law recognizes that accomplice witnesses may have motives to fabricate or exaggerate their version of events, either to lessen their own culpability or seek leniency from the prosecution. To convict a defendant based solely on an accomplice's uncorroborated testimony, the prosecution must meet specific legal requirements. These requirements aim to ensure the accuracy of the information provided by the accomplice and safeguard against wrongful convictions. 1. Specific Types of Wisconsin Uncorroborated Testimony of Accomplice: a. Direct Uncorroborated Testimony: This type of testimony occurs when an accomplice directly implicates the defendant in the commission of the crime without any additional supporting evidence. The court must carefully evaluate the reliability and credibility of such testimony before considering its weight. b. Circumstantial Uncorroborated Testimony: In some cases, an accomplice's testimony may be indirect, relying on circumstantial evidence to implicate the defendant. Circumstantial uncorroborated testimony requires the court to examine the overall circumstances of the crime and evaluate the strength of the accomplice's claims and supporting evidence. 2. Requirements for Reliance on Uncorroborated Testimony: In Wisconsin, before a defendant can be convicted based solely on an accomplice's uncorroborated testimony, certain legal requirements must be satisfied: a. Jury Instruction: The judge must provide a specific instruction to the jury regarding the potential unreliability of an accomplice's testimony and the need for additional corroborating evidence. b. Conscious Misconduct: The accomplice must provide information that demonstrates their awareness of the criminal act and their substantial participation or assistance therein. c. Beyond Reasonable Doubt: The prosecution must prove the defendant's guilt beyond a reasonable doubt. Therefore, the uncorroborated testimony must be convincing enough to persuade the jury, even without additional corroborating evidence. d. Evaluation of Accomplice's Testimony: The court carefully assesses the accomplice witness's credibility, potential biases, motives, and any inconsistencies in their statements. This evaluation helps determine the weight and reliability of their uncorroborated testimony. In conclusion, the Wisconsin Uncorroborated Testimony of Accomplice holds immense importance in criminal proceedings. It highlights the need for additional evidence in order to solidify the accomplice's allegations against the defendant. By establishing stringent requirements, the law ensures fair trials and protects defendants from potentially unreliable or false testimony.