Jury instructions on credibility of a witness. Failure on most of them.
Among the factors that you may consider are:
•How well could the witness see, hear, or otherwise perceive the
things about which the witness testified?
•How well was the witness able to remember and describe what
happened?
•What was the witness’s behavior while testifying?
•Did the witness understand the questions and answer them
directly?
•Was the witness’s testimony influenced by a factor such as bias
or prejudice, a personal relationship with someone involved in
the case, or a personal interest in how the case is decided?
•What was the witness’s attitude about the case or about
testifying?
•Did the witness make a statement in the past that is consistent or
inconsistent with his or her testimony?
•How reasonable is the testimony when you consider all the other
evidence in the case?
•[Did other evidence prove or disprove any fact about which the
witness testified?]
•[Did the witness admit to being untruthful?]
•[What is the witness’s character for truthfulness?]
•[Has the witness been convicted of a felony?]
•[Has the witness engaged in [other] conduct that reflects on his
or her believability?]