This document is an excerpt from a court filing (Case 1:20-cr-00330-PAE, Document 767, filed 08/10/22, Page 238 of 257) containing a legal instruction (Instruction No. 46) titled 'Law Enforcement and Government Employee Witnesses.' It outlines how a jury should evaluate inconsistencies in a witness's testimony and the credibility of law enforcement or government employee witnesses, noting that their testimony is not inherently more credible than an ordinary witness and can be challenged by defense counsel based on potential personal or professional interests.
| Name | Type | Context |
|---|---|---|
| SOUTHERN DISTRICT REPORTERS, P.C. |
Contact information provided at the bottom of the document.
|
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| federal government |
Employer of law enforcement officials and employees mentioned in the instruction.
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"In making this determination, you may consider whether the witness purposefully made a false statement or whether it was an innocent mistake, whether the inconsistency concerns an important fact or whether it had to do with a small detail, whether the witness had an explanation for the inconsistency and whether the explanation appealed to your common sense."Source
"It is exclusively your duty based on all the evidence and your own good judgment to determine whether the prior statement was inconsistent and, if so, how much, if any, weight to be given to the inconsistent statement in determining whether to believe all or part of the witness's testimony."Source
"Instruction No. 46: Law Enforcement and Government Employee Witnesses."Source
"The fact that a witness may be employed by the federal government as a law enforcement official or employee does not mean that his or her testimony is necessarily deserving of more or less consideration or greater or less weight than that of an ordinary witness."Source
"In this context, defense counsel is allowed to try to attack the credibility of such a witness on the ground that his or her testimony may be colored by a personal or professional interest in the outcome of the case."Source
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