Can a jury accept an out-of-court statement from a witness that does not testify at face value?

realize they cannot judge witness demeanor and attitude from the mere written word, which is why a cautionary instruction to that effect was necessary.⁶ But calling it a "common fallacy" for jurors to believe that it is possible to do so, does not make it so. Defendant presumes too low a bar for the reasonable juror. (Cf. People v. Lucas (2014) 60 Cal.4th 153, 293 [rejecting argument that jury would accept out-of-court statements of witnesses who did not testify at face value without assessing their credibility; "no reasonable juror would interpret these instructions so 'as to preclude their applying the relevant portions of [standard pattern jury instruction on witness credibility] to their evaluation of all the evidence, including the out-of-court statements' "].)