|
In the law of evidence, a credible witness is a person making testimony in a court or other tribunal, or acting otherwise as a witness, whose credibility is unimpeachable. A witness may have more or less credibility, or no credibility at all. In the common law system, the term 'credible witness' may be used generally, to refer to testimony, or for the witnessing of certain documents. Several factors affect witnesses' credibility. A credible witness is "competent to give evidence, and is worthy of belief."〔('Lectric Law Library website definition of "credible witness" ). Last accessed October 22, 2009.〕 Generally, a witness is deemed to be credible if they are recognized (or can be recognized) as a source of reliable information about someone, an event, or a phenomenon. ==Testifying in court== In a wide variety of cases that use the rules of evidence, testimony must be given by credible witnesses. In Scottish law, a credible witness is one "whose credibility commends itself to the presiding magistrate ... the trustworthiness" of whom is good.〔''Words and Phrases legally defined,'' Vol. 1, pp. 373-374, citing ''Manson v. Macleod'', 1918 SC(J) 60 at 66.〕 In English law, a credible witness is one who is ''not'' "speaking from hearsay."〔''Words and Phrases legally defined,'' Vol. 1, p. 374, citing ''R. v. Noakes'', 1 KB 581 (CCA 1917).〕 In English: In the United States, such a witness is "more than likely to be true based on his/her experience, knowledge, training and appearance of honesty and forthrightness...."〔(Entry in the Legal Dictionary ). Accessed October 22, 2009.〕 Some factors for determining the credibility of testimony in U.S. courts include: (1) the witness had personal knowledge, (2) he or she was actually present at the scene, (3) the witness paid attention at the scene, and (4) he or she told the whole truth.〔 The probative value of a credible witness is ''not'' a required element in any criminal case.〔''United States v. Welsh'', 774 F.2d 670 (4th Cir. 1985), found at (US Courts website ). Accessed October 26, 2009.〕 However, credibility is always a factor in civil cases.〔See Federal Rules of Civil Procedure Rule 11 (for frivolous motions) and Rule 32 ("Using depositions in Civil Proceedings").〕 The number of witnesses does ''not'' matter for credibility: "The question for the jury is not which side has more witnesses, but what testimony they believe."〔West's Encyclopedia of American Law (Cengage Learning 2005) found at (West's Encyclopedia of American Law online ). Access date October 25, 2009.〕 Only the "quality or power" of believability matters.〔''United States v. Welsh'', ''op. cite'', 774 F.2d 670 (4th Cir. 1985), found at (US Courts website ), citing Webster's 3rd New International Dictionary, p. 532, and ''Burleson v. State'', 131 Tex.Cr.R. 576, 100 S.W.2d 1019, 1020 (1936).〕 In Australian law, the reliability of every witness in a criminal case must be taken into account.〔"Separate Consideration of Charges - Single Defendant," Model jury charges for a criminal case, Queensland, p. 1, footnote 2, found at (Queensland Courts Government website ), ''citing'' ''Markuleski'' () NSW CCA 290; ''cf.'' ''Doggett'' () HCA 46 (); M () QCA 458 ()-(); S () QCA 167 (), (). Accessed October 26, 2009.〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Credible witness」の詳細全文を読む スポンサード リンク
|