Issues That Affect the Credibility of a witness In addition to the issues addressed in Chapter 7, what issues affect a person’s credibility as a witness?
Issues That Affect the Credibility of a witness In addition to the issues addressed in Chapter 7, what issues affect a person’s credibility as a witness?
I attached a file that shows the section on issues from Chapter 7 in my textbook Competency and Credibility Issues
Another benefit of the rapport-building process is that it allows the investigator to make some
assessments of the person being interviewed. The investigator should be aware of competency
issues as he or she relates to the person’s age, intelligence, mental state, and possible intoxica-
tion. For example, no minimum age limit is set to testify in court, but a very young person
must know the difference between right and wrong and that it is wrong to tell a lie; the issue
for an elderly person would be soundness of mind, which can be addressed with a few ques-
tions to determine if this person is rooted in reality and if his or her answers to questions are
responsive.
Like the age issue, no minimum intelligence requirements are set for a witness to a crime.
However, the potential witness should be able to focus and not be easily confused. A person’s
mental state will affect his or her ability to testify in court. A person who hears voices or is delu-
sional will not make a good witness, and this state should be apparent to the interviewer after a
few questions. The question of intoxication is a matter of degree. Obviously a person who is
intoxicated is not going to be a competent witness, but the person who has had one or two drinks
might be. The standard here would be whether or not the person’s speech is clear or slurred and
whether or not his or her answers are responsive to questions being asked.
Credibility issues involve considerations that would make the witness’s testimony unbe-
lievable. The witness’s relationship to either the victim or the suspect would affect their credibil-
ity, as testimony driven by love or hate is rightly suspect and often unbelievable. Biases and
prejudices are another factor that would affect credibility. If a witness used racial slurs or other
hateful epithets during the interview, this information should be noted in the official police re-
port. Bringing a witness’s biases to the attention of the prosecuting attorney will be appreciated
as these officials rarely like surprises when it is time to go to trial. Other credibility issues that
should be brought to the attention of the prosecutor and the defense could be any physical im
pairments that might affect the ability to observe an event, such as eyeglasses or hearing aids, and
if they were in use at the time; conditions existing at the time of the crime, such as weather of
lighting conditions that could affect a person’s ability to perceive an event; and the witness’s rep-
utation for being truthful, since a person with a long criminal history is not as believable as other
members of society.
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