QUESTION 4
A judge reads her decision in a specific case: "The complainant proved to be a dubious witness. He seemed to hesitate to answer certain of the state's questions, he never looked the court in the eye, and he appeared to change his story twice under cross-examination. He also flew into a blind rage when pressed about his wife's relationship with the accused."
What is the court assessing in writing this part of the judgment? Why is it important?
A.
The court is assessing the admissibility of the witness's testimony.
B.
The court is assessing the witness's demeanour.
C.
The court is looking at specific features of the witness's evidence to decide the extent to which the court will believe the witness.
D.
A & C above.
E.
B & C above.
F.
All of the above.
E. B & C above.
The court is assessing the witness's demeanor and looking at specific features of the witness's evidence to decide the extent to which the court will believe the witness. Both of these factors are important in determining the credibility and reliability of the witness's testimony.
The correct answer is E. The court is assessing both the witness's demeanour (how the witness presented themselves in court, such as their body language, eye contact, and behavior) and specific features of the witness's evidence to decide the extent to which the court will believe the witness. This assessment is important because the credibility of a witness is crucial in determining the reliability and weight of their testimony in a case. The court needs to evaluate the witness's demeanor and the consistency of their story to make an informed judgment about the witness's credibility.
The correct answer is E. The court is assessing the witness's demeanor and looking at specific features of the witness's evidence to decide the extent to which the court will believe the witness.
When the judge mentions that the complainant seemed to hesitate to answer certain questions, never looked the court in the eye, and appeared to change his story twice under cross-examination, they are evaluating the witness's demeanor. Demeanor refers to how the witness behaves, their body language, and their overall conduct while giving testimony. The court is observing the witness's behavior to assess their credibility and the truthfulness of their testimony.
Additionally, the judge mentions that the complainant flew into a blind rage when pressed about his wife's relationship with the accused. This highlights a specific feature of the witness's evidence. The court is taking into consideration this emotional reaction as it may affect the witness's motives, biases, or potential ulterior motives for providing certain testimonies.
Assessing the witness's demeanor and examining specific features of their evidence are crucial for the court to make an informed decision about the witness's credibility and the weight to be given to their testimony. It helps the court evaluate the reliability and trustworthiness of the witness's account and thus contributes to a fair and just judgement.