SEQ CHAPTER \h \r 1CR05-601 12/08/03

IDENTIFICATION TESTIMONY

The identification testimony presented to you in this case is an expression of belief or impression by each witness called on this issue.  Its value depends on the ability of the witness to observe the suspect at the time of the alleged offense, and to make a reliable identification later.  You may consider both the strength of the identification and the circumstances under which it was made.

If you find that the witness’s identification of (Def)_______________ was influenced by the circumstances under which [he] [she] was asked to identify the suspect, then you should scrutinize the identification with great care.  You may also consider the length of time that elapsed between the occurrence of the alleged offense, and the witness’s next opportunity to see (Def)_______________, as a factor bearing on the reliability of any identification.

Finally, you must weigh the testimony of each identification witness in the same way that you would weigh the testimony of any witness.  You should consider whether you find the witness to be generally truthful, and whether the witness had both the capacity and opportunity to make reliable observations regarding the identification.