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Type: Legal document
File Size: 756 KB
Summary

This document is a jury instruction (No. 44) from a legal case (1:20-cr-00330-PAE), filed on December 18, 2021. It directs the jury on how to evaluate the credibility of witnesses by using their common sense, observing demeanor, considering potential biases or interests in the case's outcome, and handling inconsistencies or falsehoods in testimony.

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DOJ-OGR government agency
Appears in the footer of the document as part of a Bates number: DOJ-OGR-00008682.

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2021-12-18
Filing of Document 563, a jury instruction on witness credibility, in Case 1:20-cr-00330-PAE.
juror witnesses

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Case 1:20-cr-00330-PAE Document 563 Filed 12/18/21 Page 144 of 167
1 Instruction No. 44: Credibility of Witnesses
2 You have had the opportunity to observe the witnesses. It is your job to decide how
3 believable each witness was in his or her testimony. You are the sole judges of the credibility of
4 the witnesses. How do you evaluate the credibility or believability of the witnesses? The answer
5 is that you use your common sense, judgment, and experience. Common sense is your greatest
6 asset as a juror. You should ask yourselves, did the witness impress you as honest, open, and
7 candid? Or did the witness appear evasive, as though the witness was trying to hide something?
8 How responsive was the witness to the questions asked on direct examination and on cross-
9 examination? Consider the witness's demeanor, manner of testifying, and accuracy of the
10 witness's recollection. In addition, consider how well the witness recounted what was heard or
11 observed, as the witness may be honest but mistaken.
12 If you find that a witness is intentionally telling a falsehood that is always a matter of
13 importance that you should weigh carefully. If you find that any witness has lied under oath at
14 this trial, you should view the testimony of such a witness cautiously and weigh it with great
15 care. You may reject the entirety of the witness testimony, part of it or none of it. It is for you to
16 decide how much of any witness's testimony, if any, you wish to credit. A witness may be
17 inaccurate, contradictory, or even untruthful in some respects and yet entirely believable and
18 truthful in other respects. It is for you to determine whether such untruths or inconsistencies are
19 significant or inconsequential, and whether to accept or reject all or to accept some and reject the
20 balance of the testimony of any witness.
21 In evaluating credibility of the witnesses, you should take into account any evidence that
22 the witness who testified may benefit in some way from the outcome of this case. If you find
23 that any witness whose testimony you are considering may have an interest in the outcome of
24 this trial, then you should bear that factor in mind when evaluating the credibility of his or her
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