South Dakota Jury Instruction - 3 Credibility Of Witnesses
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If a jury is unable to reach a unanimous verdict and results in a hung jury, the case may be retried with a new jury. If the second jury is also unable to reach a verdict, the judge may declare a mistrial.
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.
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.
(1) The credibility of a witness may be impeached by evidence that has a tendency in reason to discredit the truthfulness or accuracy of the witness's testimony. (2) (a) Evidence of impeachment may be used in the cross-examination of a witness.
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.
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.
An attack on the credibility of a witness is called ?impeachment.? The goal of impeachment is to convince the jury that the witness should not be believed either in all, or part, of his testimony.
The three most often used methods to impair witness credibility include prior inconsistent statements, character evidence and case-specific impeachment.