Oregon Jury Instruction - 3 Credibility Of Witnesses
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FAQ
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.
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?
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.
A party may challenge the credibility of a witness by showing that the witness's testimony is inconsistent with statements the witness made before the trial.
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.
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.
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.