How to evaluate the credibility of an expert witness?

California, United States of America


The following excerpt is from People v. Cox, C079128 (Cal. App. 2018):

Nevertheless, we conclude the error was harmless. We do not consider jury instructions in isolation. Rather, we consider the entire charge to the jury to determine whether instructions were correct and adequate. (People v. Holt (1997) 15 Cal.4th 619, 677.) From this perspective, we hold the trial court adequately instructed the jury based on all of the instructions it gave. The court instructed the jury with CALCRIM No. 226, which instructed the jury on how to evaluate witness testimony. This instruction broadly and similarly instructed the jury as CALCRIM No. 332 would have done. Like CALCRIM No. 332, which incorporates CALCRIM No. 226 and instructs the jury to follow instructions about the believability of witnesses generally in evaluating the believability of an expert witness, CALCRIM No. 226 instructed the jury to judge the credibility or believability of the witness. Like CALCRIM No. 332, which instructs the

Page 11

Other Questions


Is there a duty of the court to protect the credibility of a witness from cross-examination questions that "harass, annoy or humiliate the witness's credibility"? (California, United States of America)
Can a finding that a witness has credibility be reconciled with the finding that the witness had credibility? (California, United States of America)
Can a finding that a witness has credibility be reconciled with the finding that the witness had credibility? (California, United States of America)
Can an inconsistent statement by a witness be used to attack the credibility of a witness? (California, United States of America)
What is the test for re-evaluating the credibility of a witness? (California, United States of America)
Is there any case law where an expert has been charged with misconduct while engaged as an expert witness? (California, United States of America)
What is the current state of the law on credibility of witnesses in a witness trial? (California, United States of America)
Can a witness be admitted as a witness at a preliminary hearing where the witness is in a state hospital? (California, United States of America)
Can a defense counsel attack the credibility of a witness by cross-examination of the witness? (California, United States of America)
Does a witness who disowns his out-of-court identification have an opportunity to question the witness on the witness stand? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.