Jury Instructions v. Expert Testimony
New Study: Expanded Eyewitness Jury Instruction Makes Jurors Suspicious of Any Eyewitness — Even in Strong Cases
Defense attorneys are increasingly seeking expanded jury instructions on the reliability of eyewitnesses in lieu of calling a defense expert. A recent study in New Jersey has demonstrated that jurors who received these instructions “indiscriminately discounted ‘weak’ and ‘strong’ testimony in equal measure.”
Articles about the Study:
- Educating jurors on eyewitness reliability may backfire study suggests
- ABA Journal (1/27/16) Read
- Study: New Jersey’s Enhanced Eyewitness Testimony Instructions Too Potent
- Philly Voice (12/10/15) Read
- A Judge’s Guidance Makes Jurors Suspicious Of Any Eyewitness
- NPR (1/26/16) Read
Arguments in Opposition to Enhanced Jury Instructions:
- Outline by AUSA Patricia Riley
- DC US Attorney’s Office (2016) Read
- For more information about opposition to jury instructions on cross-race, stress, weapon focus, and duration/distance please contact AUSA Riley at [email protected].
The Study:
- The Novel New Jersey Eyewitness Instruction Induces Skepticism but not Sensitivity
- Arizona Legal Studies Discussion Papers (12/9/2015) Read
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