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

a-8-08.opn.html
The duration of the crime is also an important consideration. Dr. Steblay
concluded that weapon-focus studies speak to real-world “situations in which a
witness observes a threatening object . . . in an event of short duration.” Id. at
421. As Dr. Wells testified, the longer the duration, the more time the witness
has to adapt to the presence of a weapon and focus on other details.
Thus, when the interaction is brief, the presence of a visible weapon can affect
the reliability of an identification and the accuracy of a witness’ description of
the perpetrator.
3. Duration
Not surprisingly, the amount of time an eyewitness has to observe an event
may affect the reliability of an identification. The Special Master found that
“while there is no minimum time required to make an accurate identification, a
brief or fleeting contact is less likely to produce an accurate identification than
a more prolonged exposure.” See Colin G. Tredoux et al., Eyewitness
Identification, in 1 Encyclopedia of Applied Psychology 875, 877 (Charles
Spielberger ed., 2004).
There is no measure to determine exactly how long a view is needed to be
able to make a reliable identification. Dr. Malpass testified that very brief but
good views can produce accurate identifications, and Dr. Wells suggested that
the quality of a witness’ memory may have as much to do with the absence of
other distractions as with duration.
Whatever the threshold, studies have shown, and the Special Master found,
“that witnesses consistently tend to overestimate short durations, particularly
where much was going on or the event was particularly stressful.” See, e.g.,
Elizabeth F. Loftus et al., Time Went by So Slowly: Overestimation of Event
Duration by Males and Females, 1 Applied Cognitive Psychol. 3, 10 (1987).
4. Distance and Lighting
It is obvious that a person is easier to recognize when close by, and that
clarity decreases with distance. We also know that poor lighting makes it harder
to see well. Thus, greater distance between a witness and a perpetrator and
poor lighting conditions can diminish the reliability of an identification.
Scientists have refined those common-sense notions with further study. See,
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