Visual Identification evidence

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Questions and Answers

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?

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?

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?

Mistaken witnesses can often appear credible. Signup and view all the answers

Under what circumstance should the judge remind the jury of specific weaknesses in identification evidence?

Whenever there are doubts about the accuracy of the identification. Signup and view all the answers

What is the primary purpose of the Turnbull Directions in jury instructions?

To ensure the jury is aware of the dangers of relying on eyewitness testimony. Signup and view all the answers

What aspect of a witness's observation is crucial for the jury to consider during identification reviews?

The details surrounding how the observation was made. Signup and view all the answers

What action should the judge NOT take during the jury's deliberation concerning identifications?

Impose a specific format for how the jury must assess identifications. Signup and view all the answers

What is one reason the Court of Appeal was hesitant to endorse dock identification?

It may lead to jury bias against the defendant. Signup and view all the answers

Why might identification evidence from the foyer of the court building be questioned?

The defendant was not in custody at the time. Signup and view all the answers

In cases requiring a Turnbull direction, what is its primary purpose?

To guide judges in handling identification evidence. Signup and view all the answers

What are the Turnbull guidelines meant to address?

Issues related to mistaken identification cases. Signup and view all the answers

What observation did the trial judge make regarding the identification evidence in Thomas?

This type of identification typically does not take place. Signup and view all the answers

Why might a trial judge need to warn the jury about certain types of identification evidence?

To prevent bias towards the defendant based on identification. Signup and view all the answers

What aspect of recognition evidence did the Court of Appeal address in Reid?

Group identifications must be organized beforehand. Signup and view all the answers

When is it deemed necessary to exclude certain identification evidence?

When there is a substantial gap since the offence occurred. Signup and view all the answers

What is the critical concern regarding the handling of bad character evidence in identification cases?

It can unfairly bias the jury's perception of the defendant. Signup and view all the answers

What role does prior discussion between judge and counsel play in identification cases?

It allows the judge to understand the evidential focus for counsel. Signup and view all the answers

In circumstances where the identification evidence is of poor quality, what is the judge's obligation regarding jury instruction?

The judge has discretion on whether to provide such warnings. Signup and view all the answers

What constitutes mutually supportive identification in a legal context?

Two identifications that are of high quality and from credible witnesses. Signup and view all the answers

Why was the defendant's conviction quashed in the discussed case?

Jury instructions were deemed misleading due to undisclosed prior convictions. Signup and view all the answers

What is the implication of two different witnesses identifying the same suspect?

It can add weight to the evidence if quality permits assessment. Signup and view all the answers

What should be the focus of counsel during discussions with the judge regarding identification evidence?

Points to support or undermine the witness identifications. Signup and view all the answers

In what situation could a judge choose not to provide a cautionary direction to the jury regarding identification evidence?

When all identification evidence is overwhelming. Signup and view all the answers

What is the potential issue when a witness claims to recognize a close relative or friend?

Mistakes in recognition can still occur. Signup and view all the answers

When is the quality of identification evidence considered good?

When made after a prolonged observation in satisfactory conditions. Signup and view all the answers

What should a trial judge do when the identifying evidence is deemed poor?

Withdraw the case from the jury unless there is corroborating evidence. Signup and view all the answers

What is important for the jury to be reminded of regarding identification evidence?

That special caution is needed regarding the quality of identification. Signup and view all the answers

What is a key factor that can lessen the danger of mistaken identification?

The quality and reliability of the identification evidence presented. Signup and view all the answers

What constitutes corroboration in the context of identification evidence?

Supportive evidence that strengthens the identification's accuracy. Signup and view all the answers

What is the role of the trial judge regarding the evidence supporting identification?

To highlight evidence that can substantiate the identification evidence. Signup and view all the answers

What potential misinterpretation can arise from positive identification evidence?

That identification is infallible and requires no further scrutiny. Signup and view all the answers

What does PACE Code D primarily aim to achieve regarding visual identification?

To ensure witnesses can identify under controlled conditions Signup and view all the answers

What are 'Turnbull guidelines' intended to assist judges with?

Handling cases involving contested visual identification evidence Signup and view all the answers

What consequence may arise if PACE Code D procedures are not followed?

The identification evidence may be excluded by the court Signup and view all the answers

In what situation would 'dock identification' not be permissible?

When the identification is contested at trial Signup and view all the answers

What distinguishes identification evidence from other types of incriminating evidence?

A description alone does not qualify as identification evidence Signup and view all the answers

Which of the following describes a breach of PACE Code D regarding visual identification?

Witnesses are encouraged to identify suspects only in court Signup and view all the answers

When can the Turnbull guidelines be disregarded?

If there is no disputed identification evidence presented Signup and view all the answers

What aspect is NOT considered identification evidence?

Stating the suspect was seen in a certain vehicle Signup and view all the answers

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.

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Description

This quiz examines the critical aspects of eyewitness identification and the instructions provided to juries in legal contexts. Explore the importance of evaluating eyewitness reliability, the factors influencing identification quality, and the common mistakes that can occur. Understand how these elements impact the justice system and jury deliberations.