Fordham Law Review Volume 69 Issue 3 Article 8 2000 Discrediting the Truthful Witness: Demonstrating the Reality of Adversary Advocacy Eleanor W. Myers Edward D. Ohlbaum Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Eleanor W. Myers and Edward D. Ohlbaum, Discrediting the Truthful Witness: Demonstrating the Reality of Adversary Advocacy, 69 Fordham L. Rev. 1055 (2000). Available at: https://ir.lawnet.fordham.edu/flr/vol69/iss3/8 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact
[email protected]. DISCREDITING THE TRUTHFUL WITNESS: DEMONSTRATING THE REALITY OF ADVERSARY ADVOCACY Eleanor W. Myers' Edward D. Ohlbaum " INTRODUCTION Law students, and most of their teachers, support, even champion, the principle that the criminal defense lawyer is obligated to challenge the state's case and to demand that every element of every charge be proven beyond a reasonable doubt. At the same time, they accept that "adversary advocacy"1 is not without limitation. For example, a zealous defender is not permitted to suborn perjury or argue false evidence. Disagreement arises, however, when the defense lawyer undertakes to cross-examine a truthful prosecution witness first to show, and later to argue, that the witness is lying. Whether it is ethically permissible to suggest that a truthful witness is lying during cross-examination has been famously characterized as one of the "three hardest questions."2 This question is the subject of fascinating commentary and thoughtful debate in professional literature.' * Associate Professor, Temple University Beasley School of Law.