Credible witness
Encyclopedia
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." 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.
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.
In English law
, a credible witness is one who is not "speaking from hearsay
." 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...." 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. However, credibility is always a factor in civil cases. 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." Only the "quality or power" of believability matters.
In Australian law, the reliability of every witness in a criminal case must be taken into account.
in the murder of federal intern Chandra Levy
saw many questions arise surrounding the credibility of various witnesses. One attorney, David Benowitz, stated that he would question the witnesses' motivation for cooperating with police and inquire about the circumstances under which they were interviewed.
, apostille, deposition
, interrogatories
, certified document, or government record.
For example, in most common law jurisdictions, two or three witnesses must sign their names to the Will at the attestation clause
below the testimonium clause that is executed by the testator
. The exact number of witnesses depend on the state or local law. Under the English Statute of Wills
of 1540, it was three witnesses. Under modern New York law, only two witnesses are required. In Canadian law, a credible witness to a Will "means a witness not incapacitated by mental inbecility (sic), interest or crime."
For authentication
of a document, a credible witness is needed whose major duty is identify, to a notary public
, the signer of the document.
Witness
A witness is someone who has firsthand knowledge about an event, or in the criminal justice systems usually a crime, through his or her senses and can help certify important considerations about the crime or event. A witness who has seen the event first hand is known as an eyewitness...
is a person making testimony
Testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter. All testimonies should be well thought out and truthful. It was the custom in Ancient Rome for the men to place their right hand on a Bible when taking an oath...
in a court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
or other tribunal
Tribunal
A tribunal in the general sense is any person or institution with the authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title....
, or acting otherwise as a witness, whose credibility
Credibility
Credibility refers to the objective and subjective components of the believability of a source or message.Traditionally, modern, credibility has two key components: trustworthiness and expertise, which both have objective and subjective components. Trustworthiness is based more on subjective...
is unimpeachable
Impeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....
. A witness may have more or less credibility, or no credibility at all. In the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
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
Credibility
Credibility refers to the objective and subjective components of the believability of a source or message.Traditionally, modern, credibility has two key components: trustworthiness and expertise, which both have objective and subjective components. Trustworthiness is based more on subjective...
. A credible witness is "competent to give evidence, and is worthy of belief." 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, testimonyTestimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter. All testimonies should be well thought out and truthful. It was the custom in Ancient Rome for the men to place their right hand on a Bible when taking an oath...
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.
In English law
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
, a credible witness is one who is not "speaking from hearsay
Hearsay
Hearsay is information gathered by one person from another person concerning some event, condition, or thing of which the first person had no direct experience. When submitted as evidence, such statements are called hearsay evidence. As a legal term, "hearsay" can also have the narrower meaning of...
." In English:
In the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, such a witness is "more than likely to be true based on his/her experience, knowledge, training and appearance of honesty and forthrightness...." 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
Probative
Relevance, in the common law of evidence, is the tendency of a given item of evidence to prove or disprove one of the legal elements of the case, or to have probative value to make one of the elements of the case likelier or not. Probative is a term used in law to signify "tending to prove."...
value of a credible witness is not a required element in any criminal case. However, credibility is always a factor in civil cases. 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." Only the "quality or power" of believability matters.
In Australian law, the reliability of every witness in a criminal case must be taken into account.
History
Contesting the credibility of so-called "expert" witnesses rose into more common practice in the 1860's and 1870's. As a more recent example, the 2009 arrest of an illegal immigrant from El SalvadorEl Salvador
El Salvador or simply Salvador is the smallest and the most densely populated country in Central America. The country's capital city and largest city is San Salvador; Santa Ana and San Miguel are also important cultural and commercial centers in the country and in all of Central America...
in the murder of federal intern Chandra Levy
Chandra Levy
Chandra Ann Levy was an American intern at the Federal Bureau of Prisons in Washington, D.C., who disappeared in May 2001. She was presumed murdered after her skeletal remains were found in Rock Creek Park in May 2002...
saw many questions arise surrounding the credibility of various witnesses. One attorney, David Benowitz, stated that he would question the witnesses' motivation for cooperating with police and inquire about the circumstances under which they were interviewed.
Witnessing of wills and documents
Credible witnesses must be used to give meaning or existence to certain types of documents, such as a last will and testament, codicilCodicil (will)
A codicil is a document that amends, rather than replaces, a previously executed will. Amendments made by a codicil may add or revoke small provisions , or may completely change the majority, or all, of the gifts under the will...
, apostille, deposition
Deposition (law)
In the law of the United States, a deposition is the out-of-court oral testimony of a witness that is reduced to writing for later use in court or for discovery purposes. It is commonly used in litigation in the United States and Canada and is almost always conducted outside of court by the...
, interrogatories
Interrogatories
In law, interrogatories are a formal set of written questions propounded by one litigant and required to be answered by an adversary, in order to clarify matters of fact and help to determine in advance what facts will be presented at any trial in the case.In civil cases, the issues to be decided...
, certified document, or government record.
For example, in most common law jurisdictions, two or three witnesses must sign their names to the Will at the attestation clause
Attestation clause
In the statutory law of wills and trusts, an attestation clause is a clause that is typically appended to a will, often just below the place of the testator's signature....
below the testimonium clause that is executed by the testator
Testator
A testator is a person who has written and executed a last will and testament that is in effect at the time of his/her death. It is any "person who makes a will."-Related terms:...
. The exact number of witnesses depend on the state or local law. Under the English Statute of Wills
Statute of Wills
The Statute of Wills was an Act of the Parliament of England. It made it possible, for the first time in English history, for landholders to determine who would inherit their land upon their death by permitting bequest by will...
of 1540, it was three witnesses. Under modern New York law, only two witnesses are required. In Canadian law, a credible witness to a Will "means a witness not incapacitated by mental inbecility (sic), interest or crime."
For authentication
Authentication
Authentication is the act of confirming the truth of an attribute of a datum or entity...
of a document, a credible witness is needed whose major duty is identify, to a notary public
Notary public
A notary public in the common law world is a public officer constituted by law to serve the public in non-contentious matters usually concerned with estates, deeds, powers-of-attorney, and foreign and international business...
, the signer of the document.