Supreme OK’s Consideration Of Eyewitness Race

November 26, 2012

Jurors could be told they can consider racial differences between an eyewitness and a defendant in considering the witness’ testimony, according to a new set of jury instructions published this week by the Florida Supreme Court.

“Whether the eyewitness and the offender are of different races or ethnic groups, and whether this may have affected the accuracy of the identification” is among a list of factors that a judge can now tell jurors they are allowed to consider if a witness’ identification of a defendant is disputed and a judge is asked to give the instructions.

In all, jurors would be told they can consider nine factors in weighing an eyewitness identification, many of which deal with the context of the identification or whether a witness was somehow influenced to point to a suspect.

Eyewitness testimony has come under increasing fire in recent years from advocates for wrongfully convicted inmates, who say the identifications are often inaccurate but are very persuasive to jurors.

By The News Service of Florida

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Written by William Reynolds · Filed Under News