California, United States of America
The following excerpt is from People v. Johnson, 14 Cal.Rptr.2d 702, 3 Cal.4th 1183, 842 P.2d 1 (Cal. 1992):
Defendant contends that the jury was incorrectly instructed on eyewitness identification factors. Defendant is entitled to an instruction that focuses the jury's attention on facts relevant to its determination of the existence of reasonable doubt regarding identification, by listing, in a neutral manner, the relevant factors supported by the evidence. (People v. Wright (1988) 45 Cal.3d 1126, 1141, 248 Cal.Rptr. 600, 755 P.2d 1049.) The instruction should not take a position as to the impact of each of the psychological factors listed; it should also list only factors applicable to the evidence at trial, and should refrain from being unduly long or argumentative. (Id. at p. 1143, 248 Cal.Rptr. 600, 755 P.2d 1049.)
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