WITNESS CREDIBILITYWITNESS CREDIBILITYDREAM OR NIGHTMARE?DREAM OR NIGHTMARE?

Presented By:Presented By:Earnest S. AtkinsEarnest S. Atkins

Investigator In ChargeInvestigator In ChargeVirginia Department of Professional & Occupational RegulationVirginia Department of Professional & Occupational Regulation

Compliance & Investigations DivisionCompliance & Investigations DivisionField InvestigationsField Investigations

Criminal Investigation SectionCriminal Investigation SectionTidewater RegionTidewater Region

WITNESS CREDIBILITYWho is a credible witness?

CREDIBLE WITNESS - A credible witness is one who is competent to give evidence, and is worthy of belief. In deciding upon the credibility of a witness, it is always pertinent to consider whether he or she is capable of knowing the issue thoroughly as he or she testifies. 2. Whether he or she was actually present when the incident occurred. 3. Whether he or she paid sufficient attention to qualify him or her self to be a reporter of it; and 4. Whether he or she honestly relates the matter fully as he or she knows it, without any purpose or desire to deceive or suppress or add to the truth.

EVALUATING THE WITNESS

Some simple steps in witness

analysis…..

Size up your witness

Take some time to get acquainted and establish a rapport.

Read their body language. Observe …..

The eyes The posture Demeanor Method of

answering questions

Why is this witness important to your case?

Where does this testimony fit in?

How is your case enhanced by testimony from this witness?

Where are you going with this?

What point of law is established through testimony from this witness?

What issue of fact am I trying to establish by using this witness?

Why rely on this witness?

Is there another witness that will better enhance your case?

What baggage does this witness bring to your case?

What does the witness have to gain or lose?

What is the prior history of the witness?

Will his or her past adversely affect the outcome of your case?

Can the negative testimony of this witness be converted to a positive?

Is it worth taking the chance?

Will the perceived positive outweigh the known negative?

Prior statements?

What are the prior statements made by the witness?

Where can they be found for evaluation?

Has the witness said anything in the past which is inconsistent with what he or she is saying now?

What opinions does the witness have to share?

Is the witness competent to express an opinion?

Is the opinion reliable?

Will the opinion help or hurt your case?

Was the witness in a position to effectively perceive the facts?

Don’t just go by their recollection.

Revisit the facts. Review documented

evidence to support or refute the witness testimony.

Evaluate if you went too far in obtaining the information.

The spotlight is on you….make the call!

• Is there a good faith basis for believing or disbelieving the witness?

• Do you have an obligation to disclose information even if it will hurt your case?

In conclusion….

Perhaps no one in an investigative process is in a better position to evaluate the credibility of a witness.

Use your powers of observation and evaluation to assist in determining witness credibility.

You are probably the first person in the process to evaluate witness credibility. Remember that if you

don’t do it …everybody else will!