State v. Henderson and the New Model Jury Charges - New Jersey ...

a-8-08.opn.html
research reveals that showups increase the risk that witnesses will base
identifications more on similar distinctive clothing than on similar facial
features. See Jennifer E. Dysart et al., Show-ups: The Critical Issue of Clothing
Bias, 20 Applied Cognitive Psychol. 1009, 1019 (2006); see also Yarmey et al.,
supra, at 461, 470 (showing greater likelihood of misidentification when culprit
and innocent suspect looked alike and wore same clothing).
Experts believe the main problem with showups is that -- compared to
lineups -- they fail to provide a safeguard against witnesses with poor memories
or those inclined to guess, because every mistaken identification in a showup
will point to the suspect. In essence, showups make it easier to make mistakes.
Thus, the record casts doubt on the reliability of showups
conducted more than two hours after an event, which present a
heightened risk of misidentification. As with lineups, showup
administrators should instruct witnesses that the person they are about to view
may or may not be the culprit and that they should not feel compelled to make
an identification. That said, lineups are a preferred identification procedure
because we continue to believe that showups, while sometimes
necessary, are inherently suggestive. See Herrera, supra, 187 N.J. at
504.
B. Estimator variables
Unlike system variables, estimator variables are factors beyond the
control of the criminal justice system. See Wells, Applied Eyewitness-
Testimony Research: System Variables and Estimator Variables, supra, at 1546.
They can include factors related to the incident, the witness, or the perpetrator.
Estimator variables are equally capable of affecting an eyewitness’ ability to
perceive and remember an event. Although the factors can be isolated and
tested in lab experiments, they occur at random in the real world.
1. Stress
Even under the best viewing conditions, high levels of stress can diminish an
eyewitness’ ability to recall and make an accurate identification. The Special
Master found that “while moderate levels of stress improve cognitive
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