New Jersey Jury Instruction - 3 Credibility Of Witnesses
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FAQ
Their testimony is assumed to be more than likely true due to their experience, knowledge, training, and sense of honesty. The judge and jurors will use these factors to determine whether they believe the witness is credible.
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.
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.
A witness's credibility may be attacked or supported by testimony about the witness's reputation for having a character for truthfulness or untruthfulness, or by testimony in the form of an opinion about that character.
The judge or jury must determine in every case with respect to every witness whether the witness is credible in his or her testimony. This determination also applies to the victim in a stalking or harassment case.
A credible witness is a witness who comes across as competent and worthy of belief. Their testimony is assumed to be more than likely true due to their experience, knowledge, training, and sense of honesty. The judge and jurors will use these factors to determine whether they believe the witness is credible.
In determining the credit to be given to the evidence of a witness, you should use your good common sense and your knowledge of human nature. You might, in assessing credibility, consider the following: The appearance and demeanour of the witness, and the manner in which he testified.
At trials Judges are often required to decide which witnesses they believe. In other words, they must assess the credibility of each witness who testifies.