Podcast
Questions and Answers
What should the judge instruct the jury about when there are concerns over the correctness of an identification?
What should the judge instruct the jury about when there are concerns over the correctness of an identification?
- The jury should dismiss the identification evidence as biased.
- The jury should exercise caution before convicting based on the identification. (correct)
- The jury should rely solely on the expert testimony regarding identifications.
- The jury can presume the identification is accurate unless proven otherwise.
Which of the following factors should a jury closely examine regarding witness identifications?
Which of the following factors should a jury closely examine regarding witness identifications?
- The witness's familiarity with legal processes.
- The witness's general perception of crime rates in the area.
- The circumstances under which the witness observed the accused. (correct)
- The witness's previous convictions or criminal history.
What is a recommended approach for the judge to take if there is a material discrepancy in witness descriptions of the accused?
What is a recommended approach for the judge to take if there is a material discrepancy in witness descriptions of the accused?
- Use the discrepancies as a reason to disqualify the witness altogether.
- Assume the witness was mistaken without further evidence.
- Ignore the discrepancies as not significant to the case.
- Ensure the prosecution provides the defense with details of the initial witness description. (correct)
What should the judge communicate regarding the potential for mistaken witness identifications?
What should the judge communicate regarding the potential for mistaken witness identifications?
Under what circumstance should the judge remind the jury of specific weaknesses in identification evidence?
Under what circumstance should the judge remind the jury of specific weaknesses in identification evidence?
What is the primary purpose of the Turnbull Directions in jury instructions?
What is the primary purpose of the Turnbull Directions in jury instructions?
What aspect of a witness's observation is crucial for the jury to consider during identification reviews?
What aspect of a witness's observation is crucial for the jury to consider during identification reviews?
What action should the judge NOT take during the jury's deliberation concerning identifications?
What action should the judge NOT take during the jury's deliberation concerning identifications?
What is one reason the Court of Appeal was hesitant to endorse dock identification?
What is one reason the Court of Appeal was hesitant to endorse dock identification?
Why might identification evidence from the foyer of the court building be questioned?
Why might identification evidence from the foyer of the court building be questioned?
In cases requiring a Turnbull direction, what is its primary purpose?
In cases requiring a Turnbull direction, what is its primary purpose?
What are the Turnbull guidelines meant to address?
What are the Turnbull guidelines meant to address?
What observation did the trial judge make regarding the identification evidence in Thomas?
What observation did the trial judge make regarding the identification evidence in Thomas?
Why might a trial judge need to warn the jury about certain types of identification evidence?
Why might a trial judge need to warn the jury about certain types of identification evidence?
What aspect of recognition evidence did the Court of Appeal address in Reid?
What aspect of recognition evidence did the Court of Appeal address in Reid?
When is it deemed necessary to exclude certain identification evidence?
When is it deemed necessary to exclude certain identification evidence?
What is the critical concern regarding the handling of bad character evidence in identification cases?
What is the critical concern regarding the handling of bad character evidence in identification cases?
What role does prior discussion between judge and counsel play in identification cases?
What role does prior discussion between judge and counsel play in identification cases?
In circumstances where the identification evidence is of poor quality, what is the judge's obligation regarding jury instruction?
In circumstances where the identification evidence is of poor quality, what is the judge's obligation regarding jury instruction?
What constitutes mutually supportive identification in a legal context?
What constitutes mutually supportive identification in a legal context?
Why was the defendant's conviction quashed in the discussed case?
Why was the defendant's conviction quashed in the discussed case?
What is the implication of two different witnesses identifying the same suspect?
What is the implication of two different witnesses identifying the same suspect?
What should be the focus of counsel during discussions with the judge regarding identification evidence?
What should be the focus of counsel during discussions with the judge regarding identification evidence?
In what situation could a judge choose not to provide a cautionary direction to the jury regarding identification evidence?
In what situation could a judge choose not to provide a cautionary direction to the jury regarding identification evidence?
What is the potential issue when a witness claims to recognize a close relative or friend?
What is the potential issue when a witness claims to recognize a close relative or friend?
When is the quality of identification evidence considered good?
When is the quality of identification evidence considered good?
What should a trial judge do when the identifying evidence is deemed poor?
What should a trial judge do when the identifying evidence is deemed poor?
What is important for the jury to be reminded of regarding identification evidence?
What is important for the jury to be reminded of regarding identification evidence?
What is a key factor that can lessen the danger of mistaken identification?
What is a key factor that can lessen the danger of mistaken identification?
What constitutes corroboration in the context of identification evidence?
What constitutes corroboration in the context of identification evidence?
What is the role of the trial judge regarding the evidence supporting identification?
What is the role of the trial judge regarding the evidence supporting identification?
What potential misinterpretation can arise from positive identification evidence?
What potential misinterpretation can arise from positive identification evidence?
What does PACE Code D primarily aim to achieve regarding visual identification?
What does PACE Code D primarily aim to achieve regarding visual identification?
What are 'Turnbull guidelines' intended to assist judges with?
What are 'Turnbull guidelines' intended to assist judges with?
What consequence may arise if PACE Code D procedures are not followed?
What consequence may arise if PACE Code D procedures are not followed?
In what situation would 'dock identification' not be permissible?
In what situation would 'dock identification' not be permissible?
What distinguishes identification evidence from other types of incriminating evidence?
What distinguishes identification evidence from other types of incriminating evidence?
Which of the following describes a breach of PACE Code D regarding visual identification?
Which of the following describes a breach of PACE Code D regarding visual identification?
When can the Turnbull guidelines be disregarded?
When can the Turnbull guidelines be disregarded?
What aspect is NOT considered identification evidence?
What aspect is NOT considered identification evidence?
Flashcards are hidden until you start studying
Study Notes
Identification Evidence and Jury Instructions
- Judges must caution juries regarding the reliance on eyewitness identification, especially if there are allegations of mistake.
- Importance of explaining to the jury why caution is necessary; even convincing witnesses can make mistakes.
- Jury should closely evaluate the conditions under which each witness identified the accused, including duration and quality of observation.
Factors Influencing Identification Quality
- Key aspects to assess include: length of observation, distance, lighting conditions, and any obstructions present during the identification.
- Previous encounters between witnesses and the accused can impact reliability; important to consider the frequency and context of past sightings.
- Any discrepancies between initial descriptions provided to police and the accused’s actual appearance must be scrutinized.
Recognizing Mistakes in Identification
- Recognition of familiar individuals is generally more reliable than identifying strangers; however, errors can still occur, even among close relations.
- The overall quality of identification evidence can lessen or heighten the risk of mistaken identification based on clarity of conditions and witness credibility.
Good Quality Identification
- When identification is strong (e.g., made after extended observation or under optimal conditions), a jury may weigh it independently, assuming all requisite warnings about caution are explicitly given.
- Judges can clear cases from the jury if identifiers' observations lack quality and are based on fleeting glimpses without supportive evidence, necessitating acquittal.
Judges' Role
- Trial judges must identify evidence that could support identification claims and articulate any evidence that may mislead the jury.
- It is crucial to address any potential misleading elements in identification evidence, ensuring jurors do not assign credence unrightfully.
Risks of Dock Identification
- Concerns perpetuated by dock identification practices, where witnesses identify suspects in court context, can lead to unreliability.
- Cases where witnesses identify suspects upon arrival in the courtroom present inherent risks and may result in the exclusion of such evidence.
Court of Appeal Guidelines (Turnbull Guidelines)
- Establishes protocols to assist judges in managing cases with disputed identification evidence, crucial for maintaining fairness.
- Emphasizes dialogue between judge and counsel concerning the strengths and weaknesses of identification evidence before jury instructions.
Introduced Safeguards and Procedures
- PACE Code D outlines necessary procedures for visually identifying suspects, aimed at validating eyewitness accuracy during controlled settings.
- Courts must consider failures to comply with procedural requirements, which can compromise the integrity of identification evidence.
Distinction in Evidence Types
- Only direct witness identification qualifies as identification evidence; descriptions without a clear link to identification do not meet this standard.
- Other forms of incriminating evidence may exist, but they do not fall under the jurisdiction of Turnbull guidelines unless they include actual identification elements.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
