PRETRIAL                                                                               CALCRIM 105

105. Witnesses

You alone must judge the credibility or believability of the witnesses. In deciding whether testimony is true and accurate, use your common sense and experience. You must judge the testimony of each witness by the same standards, setting aside any bias or prejudice you may have. You may believe all, part, or none of any witness’s testimony. Consider the testimony of each witness and decide how much of it you believe.

In evaluating a witness’s testimony, you may consider anything that reasonably tends to prove or disprove the truth or accuracy of that testimony. Among the factors that you may consider are:

·      How well could the witness see, hear, or otherwise perceive the things about which the witness testified?

·      How well was the witness able to remember and describe what happened?

·      What was the witness’s behavior while testifying?

·      Did the witness understand the questions and answer them directly?

·      Was the witness’s testimony influenced by a factor such as bias or prejudice, a personal relationship with someone involved in the case, or a personal interest in how the case is decided?

·      What was the witness’s attitude about the case or about testifying?

·      Did the witness make a statement in the past that is consistent or inconsistent with his or her testimony?

·      How reasonable is the testimony when you consider all the other evidence in the case?

·        [Did other evidence prove or disprove any fact about which the witness testified?]

·        [Did the witness admit to being untruthful?]

·        [What is the witness’s character for truthfulness?]

·        [Has the witness been convicted of a felony?]

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105. Witnesses-Page 15 | 105. Witnesses-Page 16

(Pub 1284)

Copyright 2008 Judicial Council of California.