- Paul Hergott
香蕉视频直播淏old faced lie!香蕉视频直播 exclaimed my daughter, Cassidy, during a game of One Night Ultimate Werewolf. Lying is a feature of the game, where player identities are secret and clues are gathered before an execution.
Townsfolk struggle to identify and execute at least one werewolf. If not, the werewolves win.
Cassidy and her friends are pathetic liars. Giggling is a common 香蕉视频直播渢ell香蕉视频直播. And it香蕉视频直播檚 a struggle for them to come up with a lie that fits with known facts.
Their ability to identify a lie is also poor, even with the 香蕉视频直播渢ells香蕉视频直播. So when a lie directly contradicts a known fact they excitedly pounce on it.
I love that my children, and their friends, are pathetic liars. They香蕉视频直播檙e clearly not practiced. Though I香蕉视频直播檇 appreciate a touch more of a skill at identifying the lies of others!
How do judges do it? How does a judge figure out who is telling the truth and who is lying? Do judges benefit from some divine insight into the hearts and minds of the witnesses appearing before them? Is there special training in identifying the 香蕉视频直播渢ells香蕉视频直播 of those not being entirely truthful? Will a more practiced liar香蕉视频直播檚 story carry the day and lead to injustice?
A decision of British Columbia香蕉视频直播檚 highest court (the British Columbia Court of Appeal) from more than half a century ago sheds light on those questions. Unless you are a practiced liar, you will appreciate the comments of Mr. Justice O香蕉视频直播橦alloran, in Faryna v. Chorny [1952] 2 D.L.R. 354 (B.C.C.A.), who identifies the problem of assessing 香蕉视频直播溝憬妒悠抵辈ウthe testimony of quick-witted, experienced and confident witnesses, and of those shrewd persons adept in the half-lie and of long and successful experience in combining skillful exaggeration with partial suppression of the truth.香蕉视频直播
Mr. Justice O香蕉视频直播橦alloran goes on to identify an even more difficult puzzle, i.e. identifying when a witness has the honest intention to give accurate testimony, but is mistaken. No 香蕉视频直播渢ell香蕉视频直播 there! He put it as follows: 香蕉视频直播淎gain a witness may testify what he sincerely believes to be true, but he may be quite honestly mistaken. For a trial judge to say 香蕉视频直播業 believe him because I judge him to be telling the truth,香蕉视频直播 is to come to a conclusion on consideration of only half the problem.香蕉视频直播
The judge specifically noted a lack of divine insight into the hearts and minds of witnesses.
The solution, when faced with both skillful liars and those mistakenly believing they are telling the truth? Mr. Justice O香蕉视频直播橦alloran said that you compare the witness香蕉视频直播檚 version of events against what香蕉视频直播檚 likely to be true in the context of other known facts. In his much more eloquent words: 香蕉视频直播淚n short, the real test of the truth of the story of a witness in such a case must be its harmony with the preponderance of the probabilities which a practical and informed person would readily recognize as reasonable in that place and in those conditions.香蕉视频直播
It香蕉视频直播檚 not about how good a liar you are. It香蕉视频直播檚 about how well your story fits with what香蕉视频直播檚 most likely to be true.
But if that was the only test applied by judges, all you would have to do is weave the best fitting story. A much more recent judgment offers a number of additional factors that trial judges rely on to get to the truth. I will share those factors in my next column.
Paul Hergott is a personal injury lawyer with Hergott Law.
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