Arkansas Jury Instruction - 3 Credibility Of Witnesses
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FAQ
The judge or jury must determine in every case with respect to every witness whether the witness is credible in his or her testimony.
Credibility assessment refers to the process of gathering relevant information from the Applicant; examining it in the light of all the information available to the DM; and determining whether and which of the statements and other evidence relating to material elements of the claim can be accepted.
It is important to be able to identify which sources are credible. This ability requires an understanding of depth, objectivity, currency, authority, and purpose. Whether or not your source is peer-reviewed, it is still a good idea to evaluate it based on these five factors.
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.
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.
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.
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.