Credibility

Credibility refers to the reliability of testimony, based on competence of the witness and likelihood that it is true. It may also refer to someone's reputation for truthfulness. Credibility of testimony is usually supported by other substantiating evidence, but credibility is often a subjective determination to be made by the trier of fact (judge or jury). In general, the rules of evidence disallow character witnesses to be called to testify to a witness' reputation for truthfulness or untruthfulness unless such reputation for truthfulness or untruthfulness has already been attacked. (definitions.uslegal.com/c/credibility).
As investigators our job is to determine facts and find the truth. Our clients, usually attorneys, depend on us to gather facts, evidence, and learn the truth of an issue. Our record must be unblemished in order to establish credibility. As we are instructed in the private investigative industry..."if we cannot attack the evidence, then we attack the credibility of the witness." The facts, evidence and truth, as we determine may be against those that we represent. Our job is to uncover those facts and turn it over to our client, the attorney, and let him decide on how he/she wants to proceed.
Also, we must be careful not to taint the facts, evidence or the truth. For instance, leading witnesses during questioning can taint the facts and distort the truth. When collecting evidence, a chain of custody must be performed, especially if delivered to a lab and the process by which the evidence is gathered must be disclosed otherwise, it could be determined that the evidence has been tainted.
Sometimes we are asked to question witnesses that are not that reputable and who's credibility may come into question. Our job is to determine and gather facts about the witness, why his/her credibility may come into question and attempt to mitigate that credibility through circumstances. We must ask open ended questions and allow the witness to speak freely and keep him/her talking during the questioning phase. We must then ascertain the facts and determine if there is a reasonable assumption, based on a collaboration of other facts, if the witness is telling the truth and has given accurate information. Sometimes background checks on the witness may be necessary. Background on a witness may include but not limited to criminal history, employment history, financial stability, standing in the community, character of the witness, and the general overall nature of the witness.
If a witness, including an investigator, does not have credibility, then the witness and/or investigator an be impeached and the testimony will be disregarded. Investigators must be professional, dress professional, speak professional, and conduct him/herself professional in his/her personal as well as professional life. Remember also that once your credibility as an investigator is called into question, it may be very difficult, if not impossible, to regain that credibility. Reason being, each time you are called to testify, the previous credibility issue may come back to haunt you. Some issues that may raise credibility issues are being arrested (unless other circumstances are present that you may not be guilty), contempt of court, perjury, lack of character (being sued for fraud, lying, stealing, cheating, etc.,), repeatedly being reported to licensing authorities where competence and truth is called into question, falsifying reports, history of unethical behavior, and any public record that questions your credibility.
We must be mindful that we are in a trade/occupation that requires us to be competent, ethical, moral, and truthful in all we do. Sometimes the first impression is the only impression we may get.
ABOUT THE AUTHOR: Kirk R Menard
Kirk R Menard is managing partner of Advanced Investigative Technologies, LLC located in Louisiana. Mr. Menard and his agency are known for accepting and solving high profile cases. He is also an approved instructor to instruct the 40 hour basic private investigation course.