Difference between revisions of "Showups, Lineups, and Photo Arrays"

From Criminal Defense Wiki
Jump to navigationJump to search
Line 65: Line 65:
 
If a criminal defense attorney is representing a client  in a jury trial and identification evidence plays a significant role in the case, the defense attorney should try to get a jury instruction on the nature of eyewitness identification. Following is a sample jury instruction used in a U.S. Federal Court:
 
If a criminal defense attorney is representing a client  in a jury trial and identification evidence plays a significant role in the case, the defense attorney should try to get a jury instruction on the nature of eyewitness identification. Following is a sample jury instruction used in a U.S. Federal Court:
  
<blockquote>Identification testimony is an expression of belief or impression by the witness. its value depends on the opportunity the witness had to observe the offender at the time  of the offense and to make a reliable identification later.  
+
<blockquote>Identification testimony is an expression of belief or impression by the witness. Its value depends on the opportunity the witness had to observe the offender at the time  of the offense and to make a reliable identification later.  
  
 
In appraising the identification testimony of a witness, you should consider the following:
 
In appraising the identification testimony of a witness, you should consider the following:

Revision as of 13:04, 27 July 2010