California Bar Journal
OFFICIAL PUBLICATION OF THE STATE BAR OF CALIFORNIA - FEBRUARY 1999
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Leniency-for-testimony ruling overturned
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A federal appellate court in Denver ruled last month that it is not illegal for prosecutors to offer leniency to witnesses in exchange for their testimony.

The ruling overturned a decision by a three-member panel of the U.S. Court of Appeals which found in July that such leniency amounted to a bribe and was illegal. By a 9-3 vote, the full court said that ruling is "patently absurd."

The July decision had sent shock waves through the federal criminal justice system. The Justice Department said law enforcement would be paralyzed if it were allowed to stand.

Although the panel's decision would have applied only to the six states of the 10th Appellate Circuit - Colorado, Wyoming, Oklahoma, Kansas, Utah and New Mexico - the Justice Department feared it might be adopted by federal appeals courts in other parts of the country.

Prosecutors have traditionally offered plea bargains to some defendants in order to get them to testify against other defendants.