Rhode Island Uncorroborated Testimony of Accomplice

Q: Can corroboration only be from testimony to convict an accomplice?

&quot;A conviction cannot be had upon the testimony of an accomplice, unless he be corroborated by such other evidence as tends to connect the defendant with the commission of the crime.&quot;

Category:

Criminal - Accomplices

State:

Multi-State

Control #:

US-00892

Format:

Instant download

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.

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FAQ

"A conviction cannot be had upon the testimony of an accomplice, unless he be corroborated by such other evidence as tends to connect the defendant with the commission of the crime."

Corroborating evidence is evidence that strengthens or confirms already existing evidence. In courts, it is used to support the testimony of a witness. For example, California has a statute that defines corroborating evidence in the context of a conviction.

Categories of Accomplice: Principal offender of First Degree and Second Degree: The principal offender of first degree is a person who actually commits the crime. The principal offender of the second degree is a person who either abets or aids the commission of the crime.

Section 133 of the Indian Evidence Act says that an accomplice shall be a competent witness as against the accused person and a conviction the accused based on the testimony of an accomplice is valid even though it is not corroborated in material particulars.

An ?accomplice? means a witness in a criminal action who, ing to evidence adduced in such action, may reasonably be considered to have participated in: (a) The offense charged; or (b) An offense based upon the same or some of the same facts or conduct which constitute the offense charged. 3.

The nature of corroboration is that it is confirmatory evidence and it may consist of the evidence of second witness or of circumstances like the conduct of the person against whom it is required. Corroboration must connect or tend to connect the accused with the crime.

Corroboration is the ability to compare information provided by two separate sources and find similarities between them. When a second source provides the same or similar information to the first, the second source is considered to corroborate (e.g. support, or agree with) with the first.