What is the test for credibility in eyewitness testimony?

California, United States of America


The following excerpt is from People v. Flores, B233196 (Cal. App. 2012):

"Weaknesses and inconsistencies in eyewitness testimony are matters solely for the jury to evaluate. [Citation.]" (People v. Allen (1985) 165 Cal.App.3d 616, 623.)2

Page 10

"[A]bsent physical impossibility or inherent improbability, the testimony of a single eyewitness is sufficient to support a criminal conviction. [Citation.] '"To warrant the rejection of the statements given by a witness who has been believed by a trial court, there must exist either a physical impossibility that they are true, or their falsity must be apparent without resorting to inferences or deductions. [Citations.] Conflicts and even testimony which is subject to justifiable suspicion do not justify the reversal of a judgment, for it is the exclusive province of the trial judge or jury to determine the credibility of a witness and the truth or falsity of the facts upon which a determination depends. [Citation.]"' [Citations.] Further, a jury is entitled to reject some portions of a witness's testimony while accepting others. [Citation.]" (Ibid.; see also People v. Young, supra, 34 Cal.4th at p. 1181.)

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