Can a jury at a jury trial comment upon the credibility of a witness?

You, and you alone, are the sole judges of the facts in this case, and it's your judgment that counts on the facts, it's not the court's.

Trial courts have broad discretion to comment upon the evidence, including the credibility of a witness. See Quercia v.

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United States, 289 U.S. 466, 469 (1933) (noting that in a jury trial in federal court, judge may "express his opinion upon the facts, provided he makes it clear to the jury that all matters of fact are submitted to their determination") (citations omitted). The essential question is whether the court made clear to the jury that all matters of fact are for its determination. Id.; see also United States v. James, 576 F.2d 223, 228 (9th Cir. 1978) (affirming conviction where court commented that the elements of the offense had been established, but also instructed the jury that it was the final arbiter of questions of fact).