The factfinder confronts a thing, not a person. |
For one thing, a judge's doubt do not necessary mean a case should be taken from the jury, the ultimate factfinder. |
Weight and credibility to be given evidence is strictly within the province of DOC, the factfinder. |
The main factfinder is the jury, and the judge will then finalize sentencing. |
The factfinder would have to weigh the credibility of the witnesses. |