WITNESS TESTIMONY. RELIABILITY?
Post 1126 by
@joe jones on previous thread:
"Pity the state doesn't tell the jury eyewitness testimony is inherently unreliable then."
@joe jones IDK if ^ post is merely sarcastic.
If not, then ---
Respectfully, IN. law* requires IN. JUDGES to instruct the jury as to "the credibility of witnesses and the manner of weighing the testimony to be received."
Judges are obligated to instruct the jury TWO TIMES on these points:
- First, before prosecutor starts to present the state's case i.e., "PRELIMINARY Instructions" below and
- Again, either just before or after closing arguments, i.e., "FINAL Instructions" below.
ATM w a quick search, I have not located the text of St. of IN's exact jury instructions but can try tomorrow if I have time.
Now logically speaking (and not saying that "the law" always is), if prosecutor was required to tell the jury "eyewitness testimony is inherently unreliable" then seems defense would also be required to tell jury that some defense eyewitness testimony and evidence may also be inherently unreliable.
JUDGES give instructions to juries about witness credibility and weighing the evidence, among other matters. In Indiana, both by reading them ALOUD and by providing them to jury in WRITING.
____________________________________
*
" Indiana Rules of Court
"Jury Rules
"Including Amendments Received Through January 1, 2021"
"RULE 20. PRELIMINARY INSTRUCTIONS
"(a) The court shall instruct the jury before opening statements by reading the appropriate instructions which shall include at least the following: ....
"(3) the credibility of witnesses and the manner of weighing the testimony to be received;...."
"RULE 26. FINAL INSTRUCTIONS
"(a) The court shall read appropriate final instructions, which shall include at least the following:
"(1) the applicable burdens of proof;
"(2) the credibility of witnesses; and,
"(3) the manner of weighing the testimony received.
"The court shall provide each juror with written instructions before the court reads them. Jurors shall retain the written instructions during deliberations."