South Carolina Jury Instruction — Identification Testimony is a legal guideline provided to jurors in cases where witnesses identify a suspect or assert that they are able to recognize an individual involved in a crime or event. This instruction assists jurors in evaluating the credibility and reliability of the witness's identification testimony. The identification testimony is a crucial piece of evidence in many criminal cases, as it directly influences the determination of guilt or innocence. The South Carolina Jury Instruction enlightens jurors about the potential issues that may arise while evaluating identification evidence and provides them with a framework for assessment. Several types of South Carolina Jury Instruction — Identification Testimony exist, including: 1. Inadequate Pretrial Identification Instruction: This instruction addresses cases where the identification process conducted before the trial was deemed unreliable or flawed. It informs jurors that if the pretrial identification process was significantly flawed, it may impact the accuracy of the identification testimony. Jurors are instructed to consider the circumstances of the identification and scrutinize the evidence accordingly. 2. Suggestiveness Instruction: This instruction emphasizes situations where the identification procedure was conducted in a suggestive manner, potentially influencing the witness's identification. Jurors are instructed to assess whether the identification was independently made by the witness or if it was influenced by factors such as leading questions or the presence of suggestive elements. 3. Eyewitness Confidence Instruction: This instruction focuses on the level of confidence expressed by the witness while identifying the suspect. Jurors are informed that high levels of confidence displayed by the witness do not necessarily indicate an accurate identification. They are encouraged to assess the witness's level of certainty and consider whether it accurately reflects the reliability of their identification. 4. Cross-racial Identification Instruction: This instruction addresses cases where the witness and the suspect belong to different racial or ethnic groups. It educates jurors about the potential for increased difficulty in accurately identifying individuals from a different race or ethnicity and informs them to be cautious while evaluating such identification testimony. The South Carolina Jury Instruction — Identification Testimony acts as a tool to ensure that jurors are well-informed about the complexities surrounding identification evidence. By providing clear instructions related to potential issues that may arise, jurors can make fair and informed decisions when evaluating identification testimony in South Carolina courts.