SEQ CHAPTER \h \r 1CR05-061 06/01/07

CREDIBILITY OF WITNESSES

You are the sole judges of the evidence.  The credibility of the witnesses, and the weight to give their testimony, is up to you.  In considering the testimony of any witness, you may take into account his or her ability and opportunity to observe; his or her demeanor while testifying; any interest or bias he or she may have; and the reasonableness of his or her testimony, considered in the light of all the evidence in the case.

Inconsistencies or discrepancies in a witness’s testimony, or between the testimony of different witnesses, may or may not cause you to discredit such testimony.  Two or more persons witnessing an incident might see it or hear it differently.  If you notice a discrepancy, you should consider whether it pertains to a matter of importance or to an unimportant detail.

You may believe all the testimony of any witness, you may believe it in part and disbelieve it in part, or you may reject it altogether.  You do not have to accept the testimony of any witness, even if it is uncontradicted.  It is for you to say what you will believe and what you will disbelieve.