Missouri Jury Instruction - 3 Credibility Of Witnesses

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This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

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FAQ

Your function as the jury is to determine the facts of this case. You alone determine what evidence you believe, how important any evidence is that you do believe, and what conclusions to draw from that evidence.

Studies have shown that mistaken eyewitness testimony accounts for about half of all wrongful convictions. Researchers at Ohio State University examined hundreds of wrongful convictions and determined that roughly 52 percent of the errors resulted from eyewitness mistakes.

Research suggests that expert testimony can markedly affect juror beliefs about eyewitness testimony, including beliefs about the credibility of the witness (Martire & Kemp, 2011).

You must avoid bias, conscious or unconscious, based on a witness's race, color, religious beliefs, national ancestry, sexual orientation, gender identity, gender, or economic circumstances in your determination of credibility.

Overall, jurors were less likely to convict the defendant when exposed to expert testimony. This effect held regardless of how much pressure was involved in the defendant's interrogation.

One of the reasons for juries' wrongful convictions based on eyewitness misidentifications is that jurors are not sensitive to the factors that affect identification accuracy. Because jurors rely heavily on eyewitness testimony, it is impor- tant to determine what lay people understand about eyewitness performance.

Conclusion. To conclude, eyewitness testimony is very powerful and convincing to jurors, even though it is not particularly reliable. Identification errors occur, and these errors can lead to people being falsely accused and even convicted.

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Missouri Jury Instruction - 3 Credibility Of Witnesses