US-CA11 · jury_instructions
11th Cir. Pattern Jury Instr. (Criminal) S3
Identification Testimony
The Government must prove beyond a reasonable doubt that the Defendant
was the person who committed the crime.
If a witness identifies a Defendant as the person who committed the crime,
you must decide whether the witness is telling the truth. But even if you believe the
witness is telling the truth, you must still decide how accurate the identification is.
I suggest that you ask yourself questions:
1. Did the witness have an adequate opportunity to observe the person
at the time the crime was committed?
2. How much time did the witness have to observe the person?
3. How close was the witness?
4. Did anything affect the witness’s ability to see?
5. Did the witness know or see the person at an earlier time?
You may also consider the circumstances of the identification of the
Defendant, such as the way the Defendant was presented to the witness for
identification and the length of time between the crime and the identification of the
Defendant.
After examining all the evidence, if you have a reasonable doubt that the
Defendant was the person who committed the crime, you must find the Defendant
not guilty.
Provenance
- Source
- ca11.uscourts.gov
- Retrieved
- 2026-08-20
- Edition
- criminal-2024-04
- Content hash
d873e5df8af3124d4b916cd9d2697a97bd82c9963a1f31a6fe2af4e7cfe3843b
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