Maine Eyewitness Identification Instruction

State:
Maine
Control #:
ME-FEDDC-JURY-2-22
Format:
Word
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Description

Official Pattern Jury Instructions for Criminal Cases in Federal District Court of Maine. All converted to Word format. Please see the official site for addional information. http://www.med.uscourts.gov/pattern-jury-instructions

Maine Eyewitness Identification Instruction is a set of guidelines for law enforcement personnel to use when conducting an eyewitness identification process. It is meant to ensure that the identification process is unbiased and reliable. It includes guidelines for conducting a line-up, photo array, or show-up identification procedure; providing instructions to the eyewitness; and recording the results. Different types of Maine Eyewitness Identification Instruction include blind administration, double-blind administration, simultaneous line-ups, and sequential line-ups. Blind administration refers to the procedure of having a third party (such as a police officer) present during the identification process who does not know the suspect's identity. Double-blind administration is the same, but involves two third parties, one of whom is unaware of the suspect's identity. Simultaneous line-ups involve presenting all participants to the witness at the same time, while sequential line-ups involve presenting participants one at a time.

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FAQ

RULE 402. Irrelevant evidence is not admissible.

A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if such testimony will help the trier of fact to understand the evidence or to determine a fact in issue.

(1) A mediator has a privilege to refuse to testify in any proceeding concerning a mediation or any communication between the mediator and a participant in the mediation that was made during the course of, or that related to the subject matter of, any mediation.

701. If a witness is not testifying as an expert, opinion testimony is limited to opinions that are: (a) Rationally based on the witness's perception; and (b) Helpful to clearly understanding the witness's testimony or to determining a fact in issue.

Maine Rule 609 requires all convictions to pass a "reverse Rule 403 " test, i.e. they can be admitted only if their probative value as to credibility outweighs any danger of unfair prejudice to a criminal defendant or any civil party.

An expert may base an opinion on facts or data in the case that the expert has been made aware of or has personally observed.

RULE 404. CHARACTER EVIDENCE; CRIMES OR OTHER ACTS (a) Character evidence. (1) Prohibited uses. Evidence of a person's character or character trait is not admissible to prove that on a particular occasion the person acted in ance with the character or trait.

More info

Immediately following the trial, participants completed a post-trial questionnaire assessing verdict as well as evidence and witness perceptions. Verdict. Eyewitness identification evidence must be evaluated carefully.Eyewitness identifications, even if made in good faith, may be mistaken. Eyewitness identification is an important investigative tool for identifying individuals suspected of committing crimes. The Supreme Judicial Court approves and recommends the use of the Model Eyewitness Identification Instruction. Document Eyewitness Identification Procedures . Document Eyewitness Identification Procedures . You have heard testimony of eyewitness identification. (e.g., race, age, sex). Witness Instructions: • Instruct the witness without other persons present.

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Maine Eyewitness Identification Instruction