How well can eyewitnesses perceive the crime scene?

California, United States of America


The following excerpt is from People v. Parker, B228076 (Cal. App. 2012):

The jury was instructed with CALCRIM No. 226, which told the jury members to consider how well the witnesses could see, hear, or otherwise perceive the things about which they testified. CALCRIM No. 315 told the jury to consider, inter alia, how well the eyewitnesses could see the perpetrators, the circumstances affecting the ability to observe, whether the witnesses were under stress, whether the witnesses and the defendants were of different races, and if there were any other circumstances affecting the witnesses' ability to make an accurate identification. The jury was thus pointed to any potential weaknesses in the identifications, and it was entitled to weigh the evidence as it saw fit. (People v. Mendez (2010) 188 Cal.App.4th 47, 59.)

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