Alford v. United States, 282 U.S. 687 (1931). · Go Syfert
Alford v. United States, 282 U.S. 687 (1931). Cases Citing This Book View Copy Cite
Quick Summary

A defendant has the right to cross-examine a witness regarding their custodial status to demonstrate that testimony may be influenced by fear or favor.

After a witness provided damaging testimony against a defendant, the trial court excluded defense questions regarding the witness's residence and his status in federal custody. The defendant argued these questions were necessary to identify the witness and to explore potential bias or prejudice resulting from the witness's detention. The court held that while a trial judge has discretion regarding the extent of cross-examination, denying the opportunity to place a witness in his proper setting and test his credibility constitutes a prejudicial error. Because the excluded inquiry was essential to the defense's right to a fair trial, the trial court's rulings were an abuse of discretion.

4,384 citation events (590 in the last 25 years) across 134 distinct courts.
Treatment trajectory · 1931 → 2026 · click a year to view as-of
1931 1978 2026
Cited for
At page 692 Right to cross-examination and required disclosure81 citing cases“prejudice ensues from a denial of the opportunity to place the witness in his proper setting and put the weight of his testimony and his credibility to a test, without which the jury cannot fairly appraise them.”19 citing courts quote it · also cited as 75 L. Ed. at 628
  • In re Marriage of Doe, 2024 IL App (1st) 230935, 250 N.E.3d 283.published
    (Prejudice ensues from a denial of the opportunity to place the witness in his proper setting and put the weight of his testimony and his credibility to a test, without which the jury cannot fairly appraise them.)
  • United States v. Ravindranauth Roopnarine, No. 16-15025 (11th Cir. Dec. 1, 2017).unpublished
    (Prejudice ensues from a denial of the opportunity to place the witness in his proper setting and put the weight of his testimony and his credibility to a test, without which the jury cannot fairly appraise them.)
  • State v. Whitlow, 326 P.3d 607 (Or. Ct. App. 2014).published 3 cites
    (Prejudice ensues from a denial of the opportunity to place the witness in his proper setting and put the weight of his testimony and his credibility to a test, without which the jury can’t fairly appraise them.)
  • Carroll v. State, 916 S.W.2d 494 (Tex. Crim. App. 1996).published 6 cites
    (Prejudice ensues from a denial of the opportunity to ... put the weight of [the witness’] testimony and his credibility to the test, without which the jury cannot fairly appraise them.)
  • Grandison v. State, 670 A.2d 398 (Md. 1995).published 3 cites
    “it is the essence of a fair trial that reasonable latitude be given the cross-examiner, even though he is unable to state to the court what facts a reasonable cross-examination might develop”
  • Harper v. Kelly, 704 F. Supp. 375 (S.D.N.Y. 1989).published 3 cites
    “it is the essence of a fair trial that reasonable latitude be given to the cross examiner.”
  • State v. Richard A. Boie, 943 N.W.2d 353 (Wis. Ct. App. 2020).unpublished
    We have explained that § 908.08 “specifically builds a confrontation opportunity into its procedures.” State v. Tarantino, 157 Wis. 2d 199, 215 , 458 N.W.2d 582 (Ct. App. 1990). ¶66 The Sixth Amendment right to confront accusers through cr…
  • Jones v. State, 571 S.W.3d 764 (Tex. Crim. App. 2019).published
    Id. at 692 (citations omitted).
  • Dionas v. State, 80 A.3d 1058 (Md. 2013).published
    In explaining the effect of the error from the jury’s perspective, we stated that “[t]he right to cross-examine effectively necessarily includes the right to place the testimony of a witness in its proper setting to fairly enable the jury…
  • Gregory Lopez v. State, No. 04-11-00487-CR (Tex. App.—San Antonio Aug. 29, 2012).unpublished
    Carroll, 916 S.W.2d at 500 ; (citing Alford v. U.S., 282 U.S. 687, 692 (1931)).
Show 71 more citing cases
At page 691 Trial court discretion over extent of cross-examination78 citing casesIt is the essence of a fair trial that reasonable latitude be given the cross-examiner, even though he is unable to state to the court what facts a reasonable cross-examination might develop2 citing courts put it this way · also cited as 75 L. Ed. at 627; 51 S. Ct. at 219 · 76 listed here
  • People v. Blue, 792 N.E.2d 1149 (Ill. 2001).published 11 cites
    Ed. 624, 629 , 51 S. Ct. 218, 220 (1931) (“The extent of cross-examination with respect to an appropriate subject of inquiry is within the sound discretion of the trial court.
  • State v. Jones, 2026-Ohio-2790.published
    Thus, while “[c]ross- examination of a witness is a matter of right,” the “ ‘extent of cross-examination with respect to an appropriate subject of inquiry is within the sound discretion of the trial court.’ ” State v. Green, 66 Ohio St.3d…
  • State v. Petaway, 2026-Ohio-1479.published
    A copy of the statement made by D.L. to Officer Applegate was later submitted as a defense exhibit for purposes of appellate review. {¶ 74} “Cross-examination of a witness is a matter of right, but the ‘extent of cross- examination with re…
  • State v. Dubois, 2024-Ohio-6115.published
    Id. {¶39} Further, the Sixth Amendment to the United States Constitution provides that “[i]n all criminal prosecutions, the accused shall enjoy the right * * * to be confronted with the witnesses against him * * *.” Similarly, Article I, S…
  • State v. Rasheed, 2024-Ohio-3424.published
    Rasheed further argues, without support, that the trial court “should have inquired of appellant the basis for the question and what proof he might have.” Appellant’s Brief, p. 15. {¶ 86} “Cross-examination of a witness is a matter of righ…
  • Gauthier v. Gauthier, 2024-Ohio-266, 234 N.E.3d 1168.published
    The trial court offered to let Forrest participate by Zoom, which, despite all protestations by Forrest to the contrary, was a fair offer that attempted to balance Forrest’s rights with those of Su. {¶70} Under these circumstances, the tri…
  • Avila v. Target Corp., No. 2:21-cv-00907 (E.D.N.Y. Oct. 24, 2022).
    (noting “the availability of cross-examination during sworn testimony, in depositions or interrogatories, in effect, is adequate protection of the parties’ rights)
  • State v. Benedict, 2022-Ohio-3600, 198 N.E.3d 979.published 2 cites
    Standard of Review {¶26} Both the Supreme Courts of the United States and Ohio have held that the “‘extent of cross-examination with respect to an appropriate subject of inquiry is within the sound discretion of the trial court.’” State v.…
  • State v. James, 2022-Ohio-3244.published
    “Cross- examination of a witness is a matter of right, but the ‘extent of cross-examination with respect to an appropriate subject of inquiry is within the sound discretion of the trial court.’ ” State v. Green, 66 Ohio St.3d 141, 147 , 60…
  • State v. Curtiss, 2022-Ohio-146.published
    “Cross- examination of a witness is a matter of right, but the ‘extent of cross-examination with respect to an appropriate subject of inquiry is within the sound discretion of the trial court.’ ” State v. Green, 66 Ohio St.3d 141, 147 , 60…
Show 66 more citing cases
At page 694 Trial court discretion in limiting cross-examination scope70 citing cases“the extent of cross-examination with respect to an appropriate subject of inquiry is within the sound discretion of the trial court.”18 citing courts quote it · also cited as 75 L. Ed. at 629; 51 S. Ct. at 220
Show 60 more citing cases
At page 693 Showing witness bias from detention or immunity26 citing casesconfirming the right to show that a witness’s “testimony was biased because given under promise or expectation of immunity, or under the coercive effect of his detention4 citing courts put it this way · 23 listed here
  • Latimer v. Burt, 98 F. App'x 427 (6th Cir. 2004).unpublished 3 cites
    “petitioner was entitled to show by cross-examination that witness's testimony was affected by fear or favor growing out of his detention”
  • Dwight Miller v. Kevin Genovese, 994 F.3d 734 (6th Cir. 2021).published
    Alford v. United States, 282 U.S. 687, 693 (1931); see also Davis, 415 U.S. at 317-18; Van Arsdall, 475 U.S. at 679 .
  • Commonwealth v. Pierre, 486 Mass. 418 (2020).published
    (prejudicial error to preclude cross-examination showing witness was incarcerated and therefore could have motive to curry favor)
  • People v. Alcarez, 141 A.D.3d 943 (N.Y. App. Div. 3d Dep't 2016).published 2 cites
    Since, at the time of trial, Graziano still faced potential drug charges flowing from evidence found by police at the crime scene, she had a motive to attempt to tailor her testimony in a manner to curry favor with the prosecution (see Alf…
  • Dotson, Daryl, No. PD-0734-15 (Tex. Crim. App. July 31, 2015).unpublished 2 cites
    “under a promise or expectation of immunity, or under the coercive effect of his detention by officers… con- ducting the present prosecution”
  • Junior Blackston v. Lloyd Rapelje, 780 F.3d 340 (6th Cir. 2015).published
    (confirming the right to show that a witness’s “testimony was biased because given under promise or expectation of immunity, or under the coercive effect of his detention)
  • Junior Blackston v. Lloyd Rapelje, 769 F.3d 411 (6th Cir. 2014).published
    (confirming the right to show that a witness’s “testimony was biased because given under promise or expectation of immunity, or under the coercive effect of his detention)
  • Irby, Christopher, No. PD-1097-08 (Tex. Crim. App. June 16, 2010).published
    Alford v. United States , 282 U.S. 687, 693 (1931); see also Carroll v. State , 916 S.W.2d 494, 500-01 (Tex. Crim.
  • Luis Antonio Garcia v. State, No. 13-06-00637-CR (Tex. App.—Corpus Christi Nov. 6, 2008).unpublished 2 cites
    App. 2001) (citing Alford v. U.S., 282 U.S. 687, 693 (1931)).
  • James Washington v. Paul Renico, 455 F.3d 722 (6th Cir. 2006).published
    Because Washington cannot make his required showing, we do not remand for an evidentiary hearing.4 3 Moreover, Alford v. United States, 282 U.S. 687, 693 (1931), does not require a different result.
Show 13 more citing cases
Retrieving the full opinion text from the archive…
Alford
v.
United States
370.
Supreme Court of the United States.
Feb 24, 1931.
Published opinion
282 U.S. 687
1931 U.S. LEXIS 36
Mr. Leo R. Friedman, with whom Mr. Thomas M. Foley was on the brief, for petitioner., Assistant Attorney General Richardson, with whom Solicitor General Thachér and Messrs. Claude R. Branch, Special Assistant to the Attorney General, and Harry S. Ridgley were on the brief, for the United States.
Stone.
Cited by 1,350 opinions  |  Published
6 passages pin-cited by 7 cases
Pinpoint authority: #6,669 of 633,719
Citer courts: Illinois Supreme Court (6) · Court of Criminal Appeals of T… (6) · Sixth Circuit (3) · Court of Appeals of Maryland (3) · S.D. New York (3) · Court of Appeals of Oregon (3) · Supreme Court of Colorado (2)
Mr. Justice Stone

delivered the opinion of the Court.

Petitioner was convicted in the District Court .for Southern California of using the mails to defraud in violation of § 215 of the Criminal Code. The Court granted certiorari, to review a judgment of affirmance by the Court of Appeals for the Ninth Circuit, which upheld certain rulings of the trial court upon the evidence. 41 ■F. (2d) 157.

’In. the course of the trial the government called .as a witness a former employee of petitioner. On direct examination he gave damaging testimony with respect to various transactions of accused, including conversations with the witness when others were not present, and statements of accused to salesmen under his direction, whom the witness did not identify. Upon cross-examination questions seeking to elicit the witness’s place of residence were excluded on the government’s objection that they were immaterial and not proper cross-examination. Counsel for the defense insisted that the questions were[*689] propel? cross-examination, and that the jury was entitled to 'know“ who the witness is, where he lives and what his .-business is.” Relevant excerpts of the record are printed in the margin. [1]

[*690] • Later, the jury having been excused, counsel for the ■ defense urged, as an “additional” ground-for asking the excluded questions, that he had been informed that the witness was then in the custody of the federal authorities, and that such fact might be brought out on cross-examination “ for the purpose of showing whatever bias or prejudice he may have.” But the pourt adhered to its 'previous rulings, saying that if the witness had been convicted of a felony that fact might be proved, but not that he was detained in custody.

The Court of Appeals, after stating that it is customary to allow cross-examination of a witness with reference to[*691] his place of residence,-upheld -the trial court, saying, p. 160:

“ The purpose of such evidence is to identify the witness and to some extent give proper background for the interpretation of his testimony. In this case, however, the counsel indicated his purpose- to use the information for the. purpose of discrediting the witness. It is part of the obligation of a trial judge to protect witnesses against evidence tending to discredit the witness unless such evidence is reasonably called for by exigencies of the case. A witness is not on. trial and has no means of protecting himself. Here it was evident that the counsel for the appellant desired to discredit the witness, without so far as is shown, in any way connecting the expected answer with a matter on trial. If it had been contended that the witness was in custody because of his participation in the transaction with which the appellant was charged, and if it was sought to show that he was testifying under some promise of immunity, it would undoubtedly have been prejudicial error to have excluded such testimony, but counsel avowed no such purpose, and indicated that the proposed question was merely in pursuit of a fishing expedition by which he hoped to discredit the witness. The witness was examined at great length concerning his relation to the appellant and great latitude was accorded in that examination.”

Cross-examination of a witness is a matter of right. The Ottawa, 3 Wall. 268, 271. Its permissible purposes, among others, are that the witness may be identified with his community so that independent testimony may be sought and offered of his reputation for veracity in his own neighborhood, cf. Khan v. Zemansky, 59 Cal. App. 324, 327ff.; 3 Wigmore, Evidence (2d ed.) § 1368 I. (1) (b); that the jury may interpret his testimony in the light reflected upon it by knowledge of his environment, Kirschner v. State, 9 Wis. 140; Wilbur v. Flood, 16 Mich.[*692] 40; Hollingsworth v. State, 53 Ark. 387; People v. White, 251 Ill. 67, 72ff.; Wallace v. State, 41 Fla. 547, 574ff.; and that facts may be brought out tending to discredit the witness by showing that his testimony in chief was untrue or biased. Tla-Koo-Yel-Lee v. United States, 167 U. S. 274; King v. United States, 112 Fed. 988; Farkas v. United States, 2 F. (2d) 644; see Furlong v. United States, 10 F. (2d) 492, 494.

Counsel often cannot know in advance what pertinent facts may be elicited on cross-examination. For that reason it is necessarily exploratory; and the rule that the examiner must indicate the purpose of his inquiry does not, in general, apply. Knapp v. Wing, 72 Vt. 334, 340; Martin v. Elden, 32 Ohio St. 282, 289. It is the essence of a fair trial that reasonable latitude be given the cross-examiner, even though he is unable to state to the court what facts a reasonable cross-examination might develop. Prejudice ensues from a denial of the opportunity to place the witness in his proper setting and put the weight of his testimony and his credibility to a test, without which the jury cannot fairly appraise them. Tla-Koo-Yel-Lee v. United States, supra; King v. United States, supra; People v. Moore, 96 App. Div. 56, affirmed without opinion, 181 N. Y. 524; cf. People v. Becker, 210 N. Y. 274. To say that prejudice can be established only by showing that the cross-examination, if pursued, would necessarily have brought out facts tending to discredit the testimony in chief, is to deny a substantial right and withdraw one of the safeguards essential to a fair trial. Nailor v. Williams, 8 Wall. 107, 109; see People v. Stevenson 103 Cal. App. 82; cf. Brasfield v. United States, 272 U. S. 448. In this respect a summary denial of the right of cross-examination is distinguishable from the erroneous admission of harmless testimony. Nailor v. Williams, supra.

The present case, after the witness for the prosecution had testified to uncorroborated conversations of the defendant of a damaging character, was a proper one for[*693] searching cross-examination. The question “Where do you live?” was not only an appropriate preliminary to the cross-examination of the witness, but on its face, without any such declaration of purpose as was made by counsel here, was an essential step in identifying the witness with his environment, to which cross-examination may always be directed. State v. Pugsley, 75 Ia. 742; State v. Fong Loon, 29 Ida. 248, 255ff.; Wallace v. State, supra;. Wilbur, v. Flood, supra; 5 Jones, Evidence (2d ed.) § 2366.

But counsel for the defense went further, and in the ensuing colloquy with the court urged, as an additional reason why the question should be allowed, not a substitute reason, as the court below assumed, that he was im formed that the witness was then in court in custody of the federal authorities, and that that fact could be brought out on cross-examination to show whatever bias or prejudice the witness might have. The purpose obviously was not, as the trial court seemed to think, to discredit the witness by showing that he was charged with crime, but to show by such facts as proper cross-examination might develop, that his testimony was biased because given under promise or expectation of immunity, or under the coercive effect of his detention by officers of the United States, which was conducting the -present prosecution. King v. United States, supra; Farkas v. United States, supra, and cases cited; People v. Becker, supra; State v. Ritz, 65 Mont. 180, and cases cited on p. 188; Rex v. Watson, 32 How. St. Tr. 284. Nor is it material,, as the Court of Appeals said, whether the witness was in custody because of his participation in the transactions for which petitioner was indicted. Even if the witness were charged with some other offense by the prosecuting authorities, petitioner was entitled to show by cross-examination that his testimony was affected by fear or favor growing out of his detention. See Farkas v. United States, supra; People v. Dillwood, 39 Pac. (Cal.) 438.

[*694] The extent of cross-examination with respect to an appropriate subject of inquiry is within the sound discretion of the trial court. It may exercise a reasonable judgment in determining when the subject1 is exhausted. Storm v. United States, 94 U. S. 76, 85; Rea v. Missouri, 17 Wall. 532, 542-543; Blitz v. United States, 153 U. S. 308, 312. But no obligation is imposed on the court, such as that suggested below, to protect a witness from being discredited on cross-examination, short of an attempted invasion of his constitutional protection from self incrimination, properly invoked. There is a duty to protect him from questions which go beyond the bounds of proper cross-examination merely to harass, annoy or humiliate him. Great Western Turnpike Co. v. Loomis, 32 N. Y. 127, 132; Wallace v. State, supra; 5 Jones, Evidence (2d ed ) § 2316. But no such case is presented here. The trial court cut off in limine all inquiry on a subject with respect to which the defense was entitled to a reasonable cross-examination. This was an abuse of discretion and prejudicial error. Tla-Koo-Yel-Lee v. United States, supra; Nailor v. Williams, supra; King v. United States, supra; People v. Moore, supra; cf. People v. Becker, supra. Other grounds for reversal were set up in the petition for certiorari, but we do not find it necessary to pass upon them.

Reversed.

1

Q, Where do you live, Mr. Bradley?

Mr. Armstrong:. That is objected to as immaterial and not proper cross-examination. -

The Court: I cannot see the materiality.

Mr. Friedman: Why, I think the jury has a perfect right to know who the witness is, where he lives and what his business is, and we have the right to elicit that on cross-examination. I may say that this is the first witness the Government had called that they have not elicited the address from.

The Court: I will sustain the objection.

Q. By Mr. Friedman: What is your business, Mr. Bradley?.

A. My profession is an accountant, public accountant, •

Q. What is your occupation now? ’ ■ ■ ■

A. I am not doing anything at the present time on account Of this case.

Q. On account of this case?

A. Yes.

Q. Do you live in Los Angeles?

Mr. Armstrong: That is objected to as immaterial and invading the Court’s ruling.

The Court: I have ruled on that question.

Mr. Friedman: I will temporarily pass on to something else. I would like leave to submit authorities on my right to develop that on cross-examination. I haven’t them with me.

The Court: All right.

* * * * 4S-

The jury were thereupon excused by the court until 9:30 o’clock on the morning of July 24, 1929, whereupon the jury retired after which the following proceedings were had relative to the materiality of the testimony, as to the residence and place thereof of Cameron Bradley.

The Court: In what particular do you think that evidence is material?

.Mr. Friedman: I think it is material for this purpose, first, not only on the general grounds I urged in asking the question, but on the additional grounds that I have been informed and caused to believe[*690] that this witness himself is now in the custody of the Federal authorities.

MR. ARMSTRONG: You mean Mr. Bradley? You mean by the Federal authorities here?

Mr. Friedman : I don’t know by what authorities, but that is my impression, that he is here in the custody of the Federal authorities. If that is so, I have a right to show that for the purpose of showing whatever bias or prejudice he may have.

The Court: No; I don’t think so. If jmu can prove he has ever been convicted of a felony, that is a different thing.

Mr. Friedman : I realize that is the rule. I may impeach him if he has been convicted of a felony.

The Court: No. You may prove that fact as going to his credibility, but you can’t merely show that he is detained or in charge of somebody. Everybody is presumed to be innocent until proven guilty.

Mr. Friedman: It is a violent presumption sometimes, I know.

The Court: Your defendant is certainly to be given the benefit of that presumption.

Mr. Friedman : I have no doubt of that.

The Court: If that is all you have, I will have to stand on the ruling.

# * «» *

Mr. Friedman: I would like, if the Court please, our exception noted to the Court’s ruling made yesterday after the jury retired to the effect that we could not inquire as to the present' address and . residence of the witness.

The Court: Very well.