Legal Definitions - bolster

In a legal context, to bolster means to strengthen or support evidence or the credibility of a witness with additional information or testimony. This term often refers to attempts to enhance something that has not yet been challenged or discredited by the opposing side. While sometimes permissible, it is frequently considered improper when a lawyer tries to improve the credibility of their own witness *before* that witness's trustworthiness has been called into question.

• Example 1 (Improper Bolstering of a Witness):

  During a criminal trial, the prosecution calls an eyewitness who testifies to seeing the defendant commit a robbery. Before the defense attorney has even begun cross-examination or suggested that the eyewitness is unreliable, the prosecutor attempts to call a second witness solely to testify that the eyewitness is a person of impeccable honesty and truthfulness.

  This illustrates bolstering because the prosecutor is trying to strengthen the credibility of their own eyewitness with additional testimony (the character witness) before the eyewitness's credibility has been attacked or questioned by the defense. This premature attempt to enhance an unchallenged witness is generally considered improper.

• Example 2 (Improper Bolstering of Evidence):

  In a civil lawsuit concerning a breach of contract, the plaintiff presents a clearly signed and dated contract as primary evidence. Without any challenge from the defense regarding the contract's authenticity or validity, the plaintiff then tries to introduce multiple sworn statements from individuals who were present at the signing, simply to confirm that the contract was indeed signed by all parties.

  Here, the plaintiff is attempting to bolster the already clear and unchallenged evidence of the signed contract. Since the contract's authenticity has not been disputed, adding more evidence solely to confirm it is considered unnecessary and potentially improper bolstering.

• Example 3 (Permissible Bolstering After a Challenge):

  A witness testifies for the defense, providing an alibi for the defendant. During cross-examination, the prosecutor aggressively questions the witness's memory, suggesting they are confused about dates and times. To counter this attack, the defense attorney later introduces medical records showing the witness recently underwent a thorough cognitive assessment and was found to have an excellent memory.

  This scenario demonstrates a permissible instance of bolstering. The defense is strengthening the witness's credibility (their memory) with additional evidence (medical records), but only *after* the prosecutor directly challenged that aspect of the witness's testimony. This is not premature bolstering but a legitimate response to an attack on credibility.