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Extraction Summary

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Document Information

Type: Court document / legal instruction
File Size: 646 KB
Summary

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.

Organizations (2)

Name Type Context
SOUTHERN DISTRICT REPORTERS, P.C.
Contact information provided at the bottom of the document.
federal government
Employer of law enforcement officials and employees mentioned in the instruction.

Key Quotes (5)

"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
DOJ-OGR-00014638.jpg
Quote #1
"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
DOJ-OGR-00014638.jpg
Quote #2
"Instruction No. 46: Law Enforcement and Government Employee Witnesses."
Source
DOJ-OGR-00014638.jpg
Quote #3
"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
DOJ-OGR-00014638.jpg
Quote #4
"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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Quote #5

Full Extracted Text

Complete text extracted from the document (1,567 characters)

Case 1:20-cr-00330-PAE Document 767 Filed 08/10/22 Page 238 of 257
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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.
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.
Instruction No. 46: Law Enforcement and Government
Employee Witnesses.
You have heard testimony from law enforcement
officials and employees of the government. 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. 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. It is
your decision after reviewing all the evidence whether to
accept the testimony of the law enforcement or government
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
DOJ-OGR-00014638

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