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Can Judges Really Assess Credibility ? When the only evidence in a case is the testimony of the mosaic . In a 2003 program called " The Challenge of Diver - disputing parties , the case becomes a " credibility contest . " sity , " the N'T grappled with this challenge for adjudicators The judge has to assess the credibility of the witnesses and The presentation pointed out that " access to justice will be decide whose version seems more reasonable . ( Most trials\\ diminished if the adjudicator fails to recognize and deal with are heard by a judge without a jury . ! Credibility includes both* such issues as : cultural difference ; language; disability; sys- truthfulness and reliability . One person may not have seen or* temic discrimination . " heard clearly , may not remember well , or may have observed only part of an event . Even though a witness is honest , his QUESTIONS TO CONSIDER testimony might not be reliable . It is widely accepted in the legal system that the trial 1 . if judges are no better than average at assessing the judge is in the best position to assess the witnesses' cred - truthfulness of witnesses , what are the implications ibility . Lawyers and judges seem to believe that years of for the interpretation of contracts in which the par- experience on the bench equip judges to evaluate witnesses" ties" testimony conflicts and there is no independent credibility better than most people can . Even appeal courts Evidence ? hesitate to question a trial judge's assessment because the 2 . How do you think judges , who , like all of us , have their judge had the opportunity to see and hear the witnesses own inherent (and perhaps unconscious ) biases , can and observe their demeanour . However , recent social science* better assess testimony in a diverse society like Canada ?" research does not support this belief . In particular , studies have shown that judges are no 3 . What steps might a business person take to reduce the better than average at assessing the truthfulness of wit - likelihood of problems in interpreting contracts ?" nesses . Also interesting in our increasingly diverse Canadian* Sources : Alvin Esau , " Credibility and Culture , " Comments at Judi- society , researchers have pointed out cultural differences cial Workshop , September 24, 1988, www. "manitoba. caifaculties ! in people's behaviour that may affect perceptions of cred - law` / Courses/esquilegal_ sistunits_culture. html; George Thompson, ibility . If the judge was raised in the belief that looking an " The Challenge of Diversity , " National Judicial Institute , COBA authority straight in the eye is a sign of truth- telling , and the Conference , November 6, 2003 , available online at www. soar. on . call witness was raised in the belief that downcast eyes show COBA` ZO P a per's ! Thompson . pdf . SEE also MY. Justice I.D. Rooke, respect - or Vice versa - the judge may misinterpret the wit - "Assessing Credibility in Arbitrations and in Court : A Difficult Task ness's demeanour and wrongly assess his credibility , without* for Judge , Jury or Arbitrator('s ), " Presentation to Canadian Bar having any conscious bias against the Witness . itssociation , Edmonton, AB, March 20, 19:50, as discussed in "ASSESSING The National Judicial Institute IN ! ! ) seems to be paying the Credibility of Witnesses : A Practical Guide," Council of Canadian Administrative Tribunal's Conference, June 1 1, 2000, W` Chat- Clad.org !" attention to the issue of assessing credibility in a multicultural download s /conference_ text . puff
