Publication

"When His Witness Has Lied... And the Prosecutor 'Knows' It"

Typically, one doesn't need a videotape or countervailing testimony from an amalgam of the Pope, Abraham Lincoln and Tom Brokaw to know that a witness has lied. Sometimes a lie is simply unmistakable—"It's as plain," a trial lawyer might tell a jury, "as the nose on my face." Indeed, a false statement may be clear whether it occurs in the real world, or on the witness stand in the courtroom's pristine atmosphere. Often, one simply doesn't need an infallible lie detector, even if such a thing existed, to reach a conclusion about witness falsity.

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