Credibility v. Reliability (Part 2)
Credibility and reliability are not the same thing. "Credibility has to do with a witness's veracity, reliability with the accuracy of the witness's testimony. Accuracy engages consideration of the witness's ability to accurately i. observe; ii. recall; and iii. recount events in issue. [1] Thus, credibility is not a proxy for reliability: a credible witness may give unreliable evidence. [2] Like credibility, reliability is a factual determination. Evaluations of witness credibility and the reliability of evidence are within the province of the trial judge, as it is the trial judge who has the opportunity to hear and observe all of the witnesses. [3] While a trial judge’s findings on the cr...