FEDERAL COURTS - EVIDENCE - CALLING OF WITNESSES BY TRIAL COURT ENABLING PROSECUTION TO MEET BURDEN OF PRODUCTION HELD REVERSIBLE ERROR - UNITED STATES V KARNES, (1976)

• NCJ Number: 38027
• Journal: Harvard Law Review Volume: 89 Issue: 8 Dated: (JUNE 1976) Pages: 1906-1917
• Author(s): ANON
• Date Published: 1976
• Length: 12 pages
• Corporate Author: Harvard Law Review Assoc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

REVIEW OF A FEDERAL COURT DECISION IN US V KARNES (1976) WHICH HELD THAT IT IS A REVERSIBLE ERROR FOR A COURT TO CALL A WITNESS WHOSE TESTIMONY IS INDISPENSIBLE TO THE PROSECUTION'S DISCHARGE OF ITS BURDEN OF PRODUCTION.

Abstract

IN KARNES, THE GOVERNMENT INDICATED THAT IT WOULD NOT CALL TWO WITNESSES BECAUSE IT COULD NOT VOUCH FOR THEIR VERACITY. THE COURT CALLED THE WITNESSES AT THE PROSECUTION'S REQUEST AND ALLOWED BOTH SIDES TO CROSS-EXAMINE THEM, WITHOUT INSTRUCTING THE JURY AS TO THE REASON FOR THE COURT'S ACTION. THE TESTIMONY OF THE TWO WITNESSES ENABLED THE PROSECUTION TO BUILD A CASE SUFFICIENT TO REACH THE JURY, WHO THEN CONVICTED KARNES. THE APPEALS COURT RULED THAT WHEN A JUDGE CALLS WITNESSES AND THEREBY ELICITS EVIDENCE WHICH TURNS A LEGALLY INSUFFICIENT CASE INTO A JURY QUESTION RESULTING IN CONVICTION, HE VIOLATES THE DEFENDANT'S RIGHT TO A TRIAL CONDUCTED BY AN IMPARTIAL ARBITER. THE AUTHOR EMPHASIZES THE VALUE OF THE KARNES DECISION IN SERVING AS A GUIDE TO TRIAL COURTS IN THE EXERCISE OF THEIR DISCRETION TO CALL WITNESSES.