Difference between revisions of "Showups, Lineups, and Photo Arrays"
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(4) Finally, you must consider the credibility of each identification witness in the same way as any other witness, consider whether he is truthful, and consider whether he had the capacity and opportunity to make a reliable observation on the matter covered on his testimony. | (4) Finally, you must consider the credibility of each identification witness in the same way as any other witness, consider whether he is truthful, and consider whether he had the capacity and opportunity to make a reliable observation on the matter covered on his testimony. | ||
| − | I again emphasize that the burden of proof on the prosecutor extends to every element of the crime charged, and this specifically includes the burden of proving beyond a reasonable doubt the identity of the defendant as the perpetrator of the crime with which he stands charged. If after examining the testimony, you have a reasonable dounbt as to the accuracy of the identification, you must find the defendant not guilty.''' | + | I again emphasize that the burden of proof on the prosecutor extends to every element of the crime charged, and this specifically includes the burden of proving beyond a reasonable doubt the identity of the defendant as the perpetrator of the crime with which he stands charged. If after examining the testimony, you have a reasonable dounbt as to the accuracy of the identification, you must find the defendant not guilty.''' <ref> United States v. Telfare, 469 F.2d 552 (D.C. Cir 1972)</Ref></blockquote> |
==Expert Testimony== | ==Expert Testimony== | ||
