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2.5-2 False Testimony

Revised to January 1, 2008

If you believe that a witness testified falsely as to a part of (his/her) testimony, you may choose to disbelieve other parts of (his/her) testimony, or the whole of it, but you are not required to do so.  You should bear in mind that inconsistencies and contradictions within a witness's testimony or between that testimony and other evidence do not necessarily mean that the witness is lying.  Failures of memory may be the reason for some inconsistencies and contradictions; also, it is not uncommon for two honest people to witness the same event, yet perceive or recall things differently.  Yet, if you find that a witness has testified falsely as to an issue, you should of course take that into account in assessing the credibility of the remainder of (his/her) testimony.


This additional instruction is within the discretion of the trial court judge as the circumstances may warrant in any given case.  Instruction 2.5-1 is sufficient.


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