In evaluating identification testimony, consider the following questions:

·      Did the witness know or have contact with the defendant before the event?

·      How well could the witness see the perpetrator?

·      What were the circumstances affecting the witness’s ability to observe, such as lighting, weather conditions,

obstructions, distance, [and] duration of observation[, and
____________ <insert any other relevant circumstances>]?

·      How closely was the witness paying attention?

·      Was the witness under stress when he or she made the observation?

·      Did the witness give a description and how does that description compare to the defendant?

·      How much time passed between the event and the time when the witness identified the defendant?

·      Was the witness asked to pick the perpetrator out of a group?

·      Did the witness ever fail to identify the defendant?

·      Did the witness ever change his or her mind about the identification?

·      How certain was the witness when he or she made an identification?

Are the witness and the defendant of different races?

85.

315. Eyewitness Identification-Page 85
315. Eyewitness Identification-Page 86
315. Eyewitness Identification-Page 87

(Pub 1284)

Copyright 2008 Judicial Council of California. 

California Criminal Jury Instructions-CALCRIM-Table of Contents
California Criminal Jury Instructions-CALCRIM-Volume 1 Table of Contents 
California Jury Instructions-CALCRIM-Vol. 1. General Instructions