Does anyone know where this came from? One of most important insights..

[LAS14]

... from this horrible week.

In a he-said she-said criminal trial, it is not necessary to produce other evidence. The jury can make its decision on believability.

Whatever the source, at the time I found it credible. Is this true? Does anyone know where I might have seen it?

tia
las

[Nevilledog]

1. Don't know where you found it, but it's absolutely true.

Many trials consist solely of witnesses relaying their recollection of an event. Having other witnesses or pieces of evidence may bolster one side over the other, but juries are often faced with basing their verdicts on who they believe.

[canetoad]

2. I read this article yesterday

From a link in here:

https://www.theatlantic.com/ideas/archive/2018/10/why-i-wouldnt-confirm-brett-kavanaugh/571936/?utm_source=facebook&utm_campaign=the-atlantic-fb-test-433-3-&utm_content=edit-promo&utm_medium=social

It's a long-ish article by Ben Wittes (Lawfare) talking about evidence and credibility.

[cachukis]

3. Maybe a jury instruction?

[LAS14]

4. It was like that. Something about how a trial works. nt

[MaryMagdaline]

5. Yes. Juries are instructed on the believability of witnesses

In Florida they are instructed that they can consider the demeanor if the witness, the frankness, the intelligence, any interest the witness has in the outcome of a case. If you are prosecutor or plaintiff you don’t like to have JUST word vs word because you have the burden of proof. But word vs word is sufficient, legally, to get to a jury.

[0rganism]

6. i suggest you don't buy in to applying criminal trial standards to a job interview

as that feeds the right wing narrative

Mr. Kavanaugh is not entitled to some "due process" that requires proof beyond reasonable doubt for conviction. he is not on trial at this time, although perhaps he ought to be.

the senate's process amounts to a job interview for one of the uppermost positions in American jurisprudence. We The People are his prospective employers. he is not entitled to the position any more than you or i when we apply for employment or, as with Kavanaugh, promotion.

[LAS14]

7. True, true. As one post, or something...

... maybe a cartoon, that showed someone interviewing Kavanaugh and then saying, "Sorry, Mr. Kavanaugh, we won't be able to hire you for this Arby's job."

But I'd still like to know the source of the information about the importance of believability.

[cachukis]

9. And if you want someone in your image and likeness...

[The Velveteen Ocelot]

8. If a jury believes the witness' testimony is strong enough

that it constitutes proof beyond a reasonable doubt. As a practical matter it probably won't because these days juries are influenced by the "CSI Effect," meaning that they expect DNA and other trace evidence.