3.9. Weighing The Evidence

3.9 WEIGHING THE EVIDENCE It is up to you to decide what evidence is reliable. You should use your common sense in deciding which is the best evidence, and which evidence should not be relied upon in considering your verdict. You may find some of the evidence not reliable, or less reliable than other evidence. You should consider how the witnesses acted, as well as what they said. Some things you should consider are: 1. Did the witness seem to have an opportunity to see and know the things about which the witness testified? 2. Did the witness seem to have an accurate memory? 3. Was the witness honest and straightfrward in answerio ng the attorneys questions? 4. Did the witness have somein how the case should be decided? interest 5. Does the witness testimony agree with the other testimony and other evidence in the case? 6. Has the witness been offered or received any money, preferred treatment or other benefit in order to get the witness to testify? 7. Had any pressure or threat been used against the witness that affected the truth of the witness testimony? 8. Did the witness at some other timke a stateme ma ent that is inconsistent with the testimony he or she gave in court? 9. d been convicted of a crimWas it proved that the witness hae? 10. Was it proved that the general reputation of the witness for telling the truth and being honest was bad? You may rely upon your own conclusion about the witness. A juror may believe or disbelieve all or any part of the evidence or the testimony of any witness.