South Carolina Jury Instruction - 3 Credibility Of Witnesses
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FAQ
When a party has the burden of proving any claim [or affirmative defense] by a preponderance of the evidence, it means you must be persuaded by the evidence that the claim [or affirmative defense] is more probably true than not true.
Impeachment of a witness refers to the process of discrediting or undermining the credibility of a witness during a trial, by presenting evidence or asking questions that contradict their testimony or reveal a bias, inconsistency, or falsehood in their statements.
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.
Clearly, the substance of the testimony, the amount of detail and the accuracy of recall of past events affect the credibility determination. Whether the witness contradicts him or herself or is contradicted by the testimony of other witnesses can play a part in the credibility determination.
If you wish to take notes, we will provide materials to you for that purpose. If you decide to take notes, you must follow these rules: You must not permit note-taking to distract you from the proceedings. Any notes taken are only an aid to your memory and must not take precedence over your independent recollection.
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.
Your function as the jury is to determine the facts of this case. You alone determine what evidence you believe, how important any evidence is that you do believe, and what conclusions to draw from that evidence.
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.