Pennsylvania Jury Instruction - Identification Testimony

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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.

Pennsylvania Jury Instruction — Identification Testimony plays a crucial role in the criminal justice system of Pennsylvania, as it assists jurors in evaluating the reliability and accuracy of witness identification in a trial. This instruction aims to ensure a fair trial by providing jurors with guidelines to assess and weigh identification evidence, which can often be subject to human fallibility and potential biases. One significant type of Pennsylvania Jury Instruction — Identification Testimony is the "Two-Part Test." Under this instruction, jurors are directed to consider two fundamental factors when evaluating identification testimony: the witness's opportunity to observe the perpetrator at the time of the crime and the witness's degree of certainty in their identification. This test acknowledges that the accuracy of identification hinges on the conditions in which the witness observed and the level of confidence they express. Another important type of Pennsylvania Jury Instruction — Identification Testimony is the "Lineup Identification Test." In cases where a lineup identification procedure was conducted, this instruction guides jurors in assessing the reliability of such identification. The instruction emphasizes that jurors should consider various factors, including but not limited to the composition of the lineup, the instructions provided to the witness, the witness's degree of attention during the procedure, and any inconsistencies or discrepancies in the identification. Additionally, Pennsylvania Jury Instruction — Identification Testimony includes the "Show-Up Identification Test." In situations where a witness identifies a suspect shortly after the crime occurred, either at the scene or through another encounter, this instruction provides jurors with guidance on evaluating the reliability of such identification. Factors such as the witness's stress level, opportunity to view the suspect, and any suggestive influences are considered in assessing the accuracy and credibility of the identification. Furthermore, the "Expert Testimony on Eyewitness Identification" is another notable type of Pennsylvania Jury Instruction — Identification Testimony. This instruction highlights the possibility that expert witnesses may be called upon to provide insights into factors influencing identification accuracy, such as memory, perception, and the potential for external influences. Jurors are instructed to consider the expert's testimony, along with all other evidence presented, in evaluating the reliability and weight to attribute to identification testimony. Overall, Pennsylvania Jury Instruction — Identification Testimony serves as a vital tool in promoting a fair and objective evaluation of witness identification by providing jurors with specific guidelines and tests tailored towards the various circumstances that arise during criminal trials. Understanding the different types of instructions related to identification testimony enables jurors to make well-informed decisions that uphold justice and prevent wrongful convictions.

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The ?reliability? factors adopted by the Manson Court ask that the judge examine: (1) the eyewitness's opportunity to view the suspect at the time of the crime; (2) the eyewitness's degree of attention; (3) the accuracy of the description of the criminal given by the eyewitness; (4) the eyewitness's level of certainty ...

Judge's Instructions on the Law Either before or after the closing arguments by the lawyers, the judge will explain the law that applies to the case to you. This is the judge's instruction to the jury. You have to apply that law to the facts, as you have heard them, in arriving at your verdict.

One common test used to assess the reliability of an identification is the "resemblance test." This test looks at how similar the perpetrator looks to the description provided by the witness.

The U.S. Supreme Court enumerated five conditions to be considered in evaluating eyewitness identification evidence: the witness' opportunity to view the criminal at the time of the crime, the length of time between the crime and the identification, the level of certainty demonstrated by the witness, the accuracy of ...

Use a lineup with several people instead of what is known as a showup only featuring a single suspect. Avoid repetition of a lineup with the same suspect and same eyewitness.

Second, to assess whether an identification is reliable, judges were instructed to examine the following five factors: (1) the opportunity of the witness to view the criminal at the time of the crime; (2) the witness' degree of attention; (3) the accuracy of the witness' prior description of the criminal; (4) the level ...

There are five factors to consider in assessing whether or not an identification is reliable: ?(1) the opportunity of the witness to view the criminal at the time of the crime; (2) the witness's degree of attention; (3) the accuracy of the witness's prior description of the criminal; (4) the level of certainty ...

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by J Turgeon · 2014 · Cited by 7 — Carefully crafted jury instructions dealing specifically with witness- identification testimony have the potential to … help improve juror decision-making. In another study, however, mock jurors who received a fact sheet outlining the research related to eyewitness identification prior to the eyewitness testimony ...Expert testimony, judicial instructions, juror decision making, eyewitness identification, New Jersey Supreme Court. Page 4. EXPERT TESTIMONY AND HENDERSON ... identification testimony, recognizing and approving the Pennsylvania jury instructions on identification: [W]e recognize a compelling need for guidelines ... by MH Hoffheimer · 1989 · Cited by 31 — Some of the federal trial courts in Pennsylvania adopted the Pennsylvania ... ful to the jury in evaluating [identification testimony], whereas the instruction ... Dec 1, 2019 — A valued template for drafting jury instructions, the Pennsylvania ... Identification Testimony; Robbery—Felony of the First Degree; Robbery ... Feb 10, 2021 — The jury never received instructions on how it was to weigh evidence of good character against the other evidence in the case. It was left ... Oct 15, 2019 — --If sufficient evidence of failure to comply with this subchapter is presented at trial, the trial court shall instruct the jury that the jury. by SE Holtshouser · 1981 · Cited by 12 — In recent decades psychologists have demonstrated that eyewitness identification testimony is an inherently unreliable type of evidence.'. Nov 1, 1993 — When a defendant elects to take the stand and testify, then he is a competent witness and you have no right to disregard his testimony merely ...

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Pennsylvania Jury Instruction - Identification Testimony