Missouri Jury Instruction - Identification Testimony

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Multi-State
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US-11CRS-3
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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

Four Factors That Can Influence The Reliability of Eyewitness Testimony Stress and anxiety. Victims are not alone in experiencing stress and anxiety after a crime or accident has occurred. ... Influenced memories. ... Racial disparities. ... Lack of distinct characteristics.

Discrediting Eyewitness Testimony Questioning About the Accuracy of a Witness's Memory. One of the most powerful ways to discredit an eyewitness involves questioning the accuracy of that witness's memory. ... Prior Inconsistent Statements. ... Questions About the Witness's Background.

Identification errors occur, and these errors can lead to people being falsely accused and even convicted. Likewise, eyewitness memory can be corrupted by leading questions, misinterpretations of events, conversations with co-witnesses, and their own expectations for what should have happened.

What factors can make eyewitness testimony unreliable? Limitations of memory. Human memory is often viewed as static, but in reality, memories of perceptual experiences are not necessarily fixed. ... Environmental factors. ... Questionable lineup procedures. ... Misrepresentation during trial. ... Questioning eyewitness testimony.

part framework for determining the admissibility of eyewitnessidentification evidence. First, the court determines whether the eyewitness identification is impermissibly suggestive. If so, the court then assesses whether the eyewitness identification is nonetheless reliable.

An attorney can show jurors a witness is not credible by showing: 1) inconsistent statements, 2) reputation for untruthfulness, 3) defects in perception, 4) prior convictions that show dishonesty or untruthfulness, and 5) bias.

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Missouri Jury Instruction - Identification Testimony