NCJ Number
122635
Journal
Journal of Criminal Law and Criminology Volume: 80 Issue: 3 Dated: (Fall 1989) Pages: 585-672
Date Published
1989
Length
88 pages
Annotation
Federal circuit courts should adopt standards of appellate review that assure routine administration of special jury instructions at criminal trials when inculpatory evidence includes eyewitness identification.
Abstract
The kinds of identification errors that could cause wrongful convictions are identified and discussed, along with constitutional limits on the use of identification evidence. Federal circuits that seek out or require particularized identification instructions and those that require instructions on the issue of identity are identified, and relevant case law is discussed. The reasons why appellate courts are reluctant to reverse decisions omitting identification instructions are discussed. Rules are proposed for effectuating the purposes of the instructions and promoting judicial economy. 374 footnotes.