Montana Jury Instruction - 3 Credibility Of Witnesses
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How to fill out Jury Instruction - 3 Credibility Of Witnesses?
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FAQ
Credibility has to do with a person's veracity or truthfulness, whereas reliability deals with accuracy of the witness's testimony. Accuracy involves consideration of the witness's ability to accurately observe, recall and recount events in issue.
-In General Did the witness have the ability to recall those events accurately? Was the testimony of the witness plausible and likely to be true, or was it implausible and not likely to be true? Was the testimony of the witness consistent or inconsistent with other testimony or evidence in the case?
An attorney can show jurors a witness is not credible by showing: 1) inconsistent statements, 2) reputation for untruthfulness, 3) defects in perception, 4) prior convictions that show dishonesty or untruthfulness, and 5) bias.
You must avoid bias, conscious or unconscious, based on a witness's race, color, religious beliefs, national ancestry, sexual orientation, gender identity, gender, or economic circumstances in your determination of credibility.
The standard credibility instruction tells the fact-finder to consider the witness's strength of memory,ability in the described circumstances to see and hear,and the clarity with which he is able to recall events. Tone of voice,shades of expression,and gestures are also to be considered.
Credibility involves an assessment of the trustworthiness of a witness' testimony based upon the veracity or sincerity of a witness and the accuracy of the evidence that the witness provides.
Personality-driven or trait-like behaviors, recognized as universally positive for a professional communicator, can be construed as important factors when deciphering a communicator's credibility. Demographic factors, such as experience and training, may also affect credibility.
Witness Credibility Factors How well was the witness able to remember and describe what happened? What was the witness's behavior while testifying? Was the witness's testimony consistent or inconsistent with other testimony and evidence, including the witness's own prior statements?