WI · jury_instructions
Wis JI-Criminal 141
Where Identification of Defendant is in Issue
The identification of the defendant is an issue in this case and you should give it your
careful attention. You should consider the reliability of any identification made by a
witness, whether made in or out of court. You should consider the credibility of a witness
making an identification of the defendant in the same way you consider credibility of any
other witness.
Identification evidence involves an expression of belief or impression by the witness.
Its value depends on the opportunity the witness had to observe the offender at the time of
the offense and later to make a reliable identification.
Consider the witness’ opportunity for observation, how long the observation lasted,
how close the witness was, the lighting, the mental state of the witness at the time, the
physical ability of the witness to see and hear the events, and any other circumstances of
the observation.
You should also consider the period of time which elapsed between the witness’
observation and the identification of the defendant and any intervening events which may
have affected or influenced the identification.
In evaluating the identification evidence, you are to consider those factors which might
affect human perception and memory and all the influences and circumstances relating to
the identification. Then give the evidence the weight you believe it should receive.
If you find that the crime alleged was committed, before you may find the defendant
guilty, you must be satisfied beyond a reasonable doubt that the defendant is the person
who committed the crime.
History
Wis JI-Criminal 141 (2021). Release No. 59. Wisconsin Court System, 2021. Prepared by the Wisconsin Criminal Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
fcb09d6a605a638431452f1c925e356abf51bbeff159bd98dc46338c9766094a
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