Friday, March 16, 2012

Credibility of Police Officers

R v Favorite, [2008] O.J. No. 1184 holds:‪

11     That having been said, it is my intention to include in my final charge to the jury in this case the following instructions about police evidence:


D.1 The Credibility of Police Officers
​As you are aware, most/a number of (all of) the witnesses in this case were police officers. In assessing the credibility of a police officer, it is wrong as a matter of law for you to arbitrarily accept or reject the testimony of any officer. Assess the officers' credibility as you would the credibility of any other witness. They, too, can make mistakes. They, too, are subject to the same frailties and forces of life experienced by the rest of us. While you may have strong feeling for or against the police, as judges of this court you must cast any such feelings aside and assess the evidence of the officers in a fair-minded and impartial way. You should treat their evidence in the same fashion as you would treat any other witness' evidence.

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