Also known as: veracious · veraciously · truthfulness · credibility
Written by attorneys · grounded in primary & secondary sources — see below
A personal quality of truthfulness or accuracy in statements. In legal proceedings the quality determines whether a witness's testimony or an informant's report will be believed.
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Vanessa Vinson testified at a bench trial that she saw the defendant enter the building. The district court found her account credible and entered judgment for the plaintiff. On appeal the defendant argued that the finding should be overturned. The reviewing court refused to set aside the finding because it gave due regard to the trial judge's opportunity to assess Vanessa's veracity.
Viola Volkov took the stand for the prosecution. Defense counsel immediately questioned her about a prior inconsistent statement. The court permitted the attack because any party may challenge a witness's veracity regardless of who called the witness.
Virgil Vaughn represented the plaintiff at trial. In closing argument he stated that he personally believed the defense witness lacked veracity. The disciplinary board found the remark improper because a lawyer may not state a personal opinion about a witness's credibility.
Violet Vang testified at trial that she had never been near the scene. The prosecution introduced her earlier statement obtained without Miranda warnings. The court allowed the statement solely to challenge Violet's veracity because the statement was otherwise voluntary.
Veronica Villanueva testified for the defense. On cross-examination the prosecutor asked about a prior false insurance claim. The court permitted the question because it was probative of Veronica's character for truthfulness even though extrinsic evidence of the act remained inadmissible.
Valerie Voss supplied information that narcotics were stored in a warehouse. The affidavit contained no independent corroboration of Valerie's veracity. The court nevertheless found probable cause because the detailed description of the location and the informant's recent track record together established a fair probability that contraband would be found.
A witness's veracity may be attacked by any party, including the party that called the witness. Reputation or opinion testimony about the witness's character for truthfulness is admissible once the character has been attacked. Specific instances of conduct may be inquired into on cross-examination if probative of truthfulness.
A defendant may challenge the veracity of a warrant affidavit by proving that the affiant included a false statement knowingly or with reckless disregard for the truth and that the false statement was necessary to the finding of probable cause. If those elements are established the warrant must be invalidated.
…Idaho v. Wright , 497 U. S. 805, 820-824 (1990), we held that an out-of-court statement was not admissible simply because the truthfulness of that statement was corroborated by other evidence at trial. As the Court notes, ante , at 66, the Supreme Court of Washington gave decisive weight to the "interlocking nature of the two…
…eligibility for disability benefits, unlike eligibility for welfare benefits, is not based on financial need and since issues of credibility and veracity
…often result in insufficient investigation and prosecution of gender-motivated crime, inappropriate focus on the behavior and credibility of the victims of that crime, and unacceptably lenient punishments for those who are actually convicted of gender-motivated violence. See H. R. Conf. Rep. No. 103-711, at 385-386; S. Rep.…
…except in cases of obscenity or libel, and protects speech and publications regardless of their motivation, orthodoxy, truthfulness, timeliness, or taste. New York Times Co. v. Sullivan , 376 U. S., at 269-270; Kingsley Pictures Corp. v. Regents , 360 U. S. 684, 689 (1959); Winters v. New York , 333 U. S. 507,…
…they must be supported by factual allegations. When there are well-pleaded factual allegations, a court should assume their veracity and then determine whether they plausibly give rise to an entitlement to relief. Applying these principles, Iqbal’s complaint fails to state a claim. Pp. 6–11. 2. Because the complaint is…
A lawyer violates the rules by stating a personal opinion as to the credibility of a witness during trial. The prohibition applies even when the lawyer believes the opinion is well founded. The rule prevents the lawyer from placing the prestige of the office behind an assessment of truthfulness.
A statement taken in violation of Miranda may be used to impeach the defendant's credibility if the defendant testifies inconsistently at trial. The statement must have been voluntary. It may not be introduced in the prosecution's case in chief.
An informant's veracity remains a relevant factor under the totality-of-the-circumstances test. A strong showing on veracity can compensate for a weaker showing on basis of knowledge. The ultimate question is whether the affidavit establishes a fair probability that evidence of crime will be found.
Supporting sources