Many believe the process is straightforward:  a witness testifies, and the jury decides.  However, the reality is far more intricate, especially in a criminal case.  In Los Angeles, or anywhere in the country, the burden of proof lies with the prosecutors. They must present their case first in a trial, followed by the defense attorney's cross-examination of these witnesses. This complexity underscores the necessity of professional legal guidance.

But, obviously, it's more complicated than that, especially in a criminal case.  In a criminal case in Los Angeles, or anywhere across the country, the prosecutors have the burden of proof, so they have to put their case on first in a trial, and then the defense attorney who is representing the defendant in a criminal case, gets an opportunity to cross-examine those witnesses as well.

Essentially, this means that a defense attorney has the opportunity to question witnesses after the prosecutor. This process, known as cross-examination, allows the defense to challenge the credibility of the witnesses and present information that supports their theory of the case.

Jury Instructions

So, when a judge talks to the jury, the judge will basically tell them — and I'm quoting from Jury Instruction of CALCRIM 105, which is what is used in criminal cases at the end of a case — a judge is going to say, you alone must judge the credibility or believability of witnesses.  Basically, what that is saying is that the jury decides whether someone is telling the truth.

The jury, not the judge, defense attorney, or prosecutor, has the ultimate decision-making power in a criminal case. They are responsible for determining the credibility of witnesses and deciding the accused's innocence or guilt.

I get a lot of clients who tell me, well, they don't have any evidence, and I'm like, well, they've got a witness ready to testify.  That's evidence.  Whether it's good evidence or not that's a different story.  Whether that witness is credible, believable, or whether a jury is going to think that you're guilty, that's a different story.  But if they've got witnesses saying something that, if it was true, would meet the elements of whatever you're charged with, then they do have evidence.

A judge will also say that in deciding whether testimony is true and accurate, the jury is to look at the witnesses by the same standards, setting aside any bias or prejudice they may have. Sometimes, jurors come in with bias or prejudice in a criminal case.

Meaning, let's say a juror doesn't like police officers or people who use guns, and there's a police officer who is going to testify. Then those people have to set that bias against police aside and just listen to them as witnesses, don't give them any more or any less credibility than any other witness, and see if they're believable and if their story makes sense.

So, that's what they're talking about when they're talking about each witness having the same standards as any other witness and that the jury has to set aside their bias.  Some people don't like people who use guns, and you have a case where a defendant is alleged to have used a gun during the crime.

That doesn't mean you automatically find them guilty.  You have to look at the witness's testimony, listen to it, see if it's credible, see if it makes sense and then you're in a position to start judging that witness and making determinations.

Witness Credibility

In evaluating a witness's testimony, the Judge will also instruct that you may consider anything that reasonably tends to prove or disprove the proof or accuracy of the testimony.  Among the factors that you may consider are how well the witness could see, hear, or otherwise perceive the things to which the witness has testified; how well the witness was able to remember and describe what happened; and what was the witness's behavior while testifying.

I mean, you can see.  You're looking at the witness.  If the witness looks sneaky or the witness is evasive during cross-examination and answering questions, you're able to look at that.  If the witness says something and then that witness is impeached by prior testimony or prior inconsistent statements or by other witnesses who are more credible than them, obviously, a jury is going to look at that and make a decision on that.

So, there are all sorts of things that can be used to make a witness look good and credible, and there are all sorts of things that can be used to make a witness look bad.  Another thing that the judge will instruct jurors in a criminal trial is, what was a witness's attitude about the case or about testifying.  Did the witness make a statement in the past that is consistent or inconsistent with their testimony?  Did the witness admit to being untruthful?  What is the witness's character for truthfulness?  Has a witness been convicted of a felony?

You, as a juror, are looking at this witness and seeing what type of a witness they are, so this jury instruction is telling jurors when this witness testifies in the criminal case — if you see any of these things for the good or of the bad — you're allowed to consider them.

So, suppose you see that the witness lied in the past and is now trying to change their testimony. In that case, you're allowed to consider that and if the witness has a felony conviction for perjury or if the witness has some other conviction that is brought to your attention. You think that bears on the credibility of a witness; you, as a juror, are entitled to consider that.

When it comes to understanding the evidence in a criminal case, it's not just about having witnesses. The crucial question is whether these witnesses are credible, believable, and reliable.  This is where the guidance of a professional legal advisor becomes invaluable, providing reassurance and direction in navigating these complex issues.

So, if you're going to trial on your case and you know that there are witnesses on the case, or even if you're just evaluating your case, I have you come in.  We sit down and go over what witnesses might potentially testify against you, what they would say, and also what information we have to attack their credibility and reliability and show that they're not telling the truth. So, make the appointment today.  We'll sit down and go over everything and see if I can help you with your criminal matter in Los Angeles.