4.11 Eyewitness Identification

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US-JURY-9THCIR-4-11-CR
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Description

Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/

4.11 Eyewitness Identification is a type of evidence used in criminal law, where the testimony of one or more witnesses is used to identify a suspect. Usually, this is done by comparing the witness's description of the suspect to a photo lineup or live lineup. There are two main types of 4.11 Eyewitness Identification: photo lineups and live lineups. In a photo lineup, the witness is presented with a set of photos of people who resemble the suspect, and is asked to select the one who matches the description they gave. In a live lineup, the witness is presented with a group of people who resemble the suspect, and is asked to identify the person they saw. Both types of 4.11 Eyewitness Identification have been used in criminal investigations for many years, and are still widely used in the United States. However, studies have shown that these methods are prone to mistakes, since witnesses may be influenced by other factors such as the photos presented or the other people in the live lineup. As a result, 4.11 Eyewitness Identification is often used in conjunction with other types of evidence, such as DNA analysis or security footage, in order to ensure the accuracy of the investigation.

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FAQ

Despite a high rate of error (as many as 1 in 4 stranger eyewitness identifications are wrong), eyewitness identifications are considered some of the most powerful evidence against a suspect.

All the above- mentioned factors affecting eyewitness identification will now be further explored. There are four factors stated in MacLin and colleagues' 2001 study, which involve viewing conditions in the recognition of a face. These are: exposure time, delay, attention and arousal, and weapon focus.

Despite a high rate of error (as many as 1 in 4 stranger eyewitness identifications are wrong), eyewitness identifications are considered some of the most powerful evidence against a suspect.

Even though it's well documented that eyewitness accounts aren't always accurate, they're still considered a powerful piece of evidence in a criminal trial. An experienced criminal defense attorney can challenge eyewitness testimony based on a variety of factors, including: Exposing bias or falsehood.

There are three primary forms of eyewitness identification: lineup, showup, and photographic identification. These typically are used in combination with one another and with scientific identifications.

A common method for authorities to identify the perpetrator of a crime is the use of a photo lineup. In a photo lineup a witness is shown many photos of people, including the person accused of committing the crime.

If there is more than one witness at a lineup, the witnesses should be allowed to confer before making their identification. Eyewitness identifications are extremely reliable. The National Institute of Justice reports that over 75,000 individuals annually go to trial based on eyewitness testimony.

Police lineups involve placing a suspect within a group of other people (?fillers?) who have nothing to do with the crime. The eyewitness is then asked to identify the suspect. Live lineups and photograph identification can be performed simultaneously or sequentially.

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4.11 Eyewitness Identification