CORE CRIMINAL LAW SUBJECTS: Evidence: Accomplice Testimony


United States v. Gibson, 58 MJ 1 (the test for determining whether a witness is an accomplice is whether a witness could be convicted of the same crime).


United States v. Bigelow, 57 MJ 64 (while the better practice is to caution members against placing too much reliance upon the testimony of an accomplice, there is no absolute bar to a conviction based on the testimony of an accomplice, even though there is no cautionary instruction).


United States v. Williams, 52 MJ 218 (old Manual rule, which required corroboration when an accomplice’s testimony was self-contradictory, uncertain, or improbable, and which raised evidentiary sufficiency concerns, did not carry over to RCM 918(c), the Discussion to which notes only that any accomplice testimony “should be considered with great caution”).

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