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Criminal,
California Supreme Court

Jun. 1, 2021

Juries shouldn’t rely on eyewitness testimony, state high court says

The court, in a unanimous opinion Thursday, directed lower courts to omit a jury instruction that they should consider a witness’ confidence they are identifying the correct perpetrator.

In a decision that is expected to have a significant impact on jury instructions in future trials, the state Supreme Court has instructed judges not to place too much stock in the certainty of a victim or witness.

The court, in a unanimous opinion Thursday, directed lower courts to omit a jury instruction that they should consider a witness' confidence they are identifying the correct perpetrator.

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