Tag Archives: Eyewitness Identification


CSC to Consider Whether Eyewitness Certainty Instruction Violates Due Process?
June 3rd, 2019

Studies have persuaded courts in other states to modify their standard jury instruction to remove certainty as a relevant consideration. (See, e.g., Commonwealth v. Santoli (1997) 424 Mass. 837, 846 [“there is significant doubt about whether there is any correlation between a witness’s confidence in her identification and the accuracy of her recollection”]; State v. […]


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Will the CSC Finally Recognize That Eyewitness Certainty Is Not a Reliable Indicator of Accuracy People v. Simpson UNPUBLISHED (Dec. 13, 2018, No. A146962)?
December 19th, 2018

In People v. Simpson UNPUBLISHED (Dec. 13, 2018, No. A146962) the defense argued at trial and on appeal that the CALCRIM instruction on eyewitness identification (CC 315) erroneously told the jurors that the “certainty” of an eyewitness about an identification is relevant to determining whether the identification was reliable. Simpson relied on scientific research cited […]


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Proposed Eyewitness Identification Legislation Emphasizes Need for Cautionary Instruction Regarding Eyewitness Testimony
June 20th, 2018

The CALCRIM 315 on eyewitness identification does not admonish the jury to consider eyewitness testimony with care or caution.   Proposed legislation in California (Senate Bill No. 923) would provide statutory recognition of how pretrial identification procedures can contribute to inaccurate identifications and wrongful conviction of the innocent:   “This bill would require all law […]


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Proposed Legislation Regarding Eyewitness Identification Emphasizes the Need for Cautionary Instructions Regarding Pretrial Identification Procedures
June 18th, 2018

The CALCRIM instruction on eyewitness identification does not admonish the jury to consider pretrial identification procedures utilized by the police. It simply tells the jury to consider whether “the witness able to identify the defendant in a photographic or physical lineup?”   Proposed legislation in California (Senate Bill No. 923) would provide statutory recognition of […]


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