California, United States of America
The following excerpt is from People v. Harris, 255 Cal.Rptr. 352, 47 Cal.3d 1047, 767 P.2d 619 (Cal. 1989):
The court did instruct, however, pursuant to CALJIC No. 2.91 regarding the relation of reasonable doubt to eyewitness identification, and also gave a special instruction requested by defendant regarding the factors that might be considered. 28 In People v. Wright, supra, 45 Cal.3d 1126, 1141, 248 Cal.Rptr. 600, 755 P.2d 1049, we held that a "proper instruction on eyewitness identification factors should focus 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." Either "CALJIC No. 2.92 or a comparable instruction should be given when requested in a case in which identification is a crucial issue and there is no substantial corroborative evidence." (45 Cal.3d 1126, 1144, 248 Cal.Rptr. 600, 755 P.2d 1049.)
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