Can an officers statement or testimony be accepted in court, if part of his/her account is false, or flawed?

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None just studying law.

Attorney Answers

2
Dustin Sullivan ·
An officer can give a statement and/or testimony in court in a case he/she is involved. If it is flawed or false, it is up to the defense to try and show that it is flawed during cross examination.
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Thomas Tormey ·
Your question is very interesting. Some lawyers say that it is not what is true that determines the outcome of a case but what is believed. The testimony of any witness, if believed, will be accepted. In New York, the court can charge the jury on “Falsus in Uno.” That basically says that if a jury finds a witness lied about one thing in their testimony, then the jury can reject their entire testimony. But that is not mandatory. In other words, the jury can still believe the other parts of the story as told by the witness if the so decide. See here: https://www.nycourts.gov/judges/cji/1-General/CJI2d.Credibility.pdf So the short answer is “yes”, the officer’s statement can be accepted. However, as Mr. Sullivan has ably stated, it is up to the defense attorney to point out the flaws or the falsehoods to the finder of the facts and then argue why they should not believe or accept any part of the officer’s story. Good luck.
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