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

a-8-08.opn.html
e.g., R.C.L. Lindsay et al., How Variations in Distance Affect Eyewitness
Reports and Identification Accuracy, 32 Law & Hum. Behav. 526 (2008).
Research has also shown that people have difficulty estimating distances. See,
e.g., id. at 533.
5. Witness Characteristics
Characteristics like a witness’ age and level of intoxication can affect the
reliability of an identification.
The Special Master found that “the effects of alcohol on identification
accuracy show that high levels of alcohol promote false identifications” and that
“low alcohol intake produces fewer misidentifications than high alcohol intake.”
See also Jennifer E. Dysart et al., The Intoxicated Witness: Effects of Alcohol on
Identification Accuracy from Showups, 87 J. Applied Psychol. 170, 174 (2002).
That finding is undisputed.
The Special Master also found that “[a] witness’s age . . . bears on the
reliability of an identification.” A meta-analysis has shown that children
between the ages of nine and thirteen who view target-absent lineups are more
likely to make incorrect identifications than adults. See Joanna D. Pozzulo &
R.C.L. Lindsay, Identification Accuracy of Children Versus Adults: A Meta-
Analysis, 22 Law & Hum. Behav. 549, 563, 565 (1998). Showups in particular
“are significantly more suggestive or leading with children.” See Jennifer E.
Dysart & R.C.L. Lindsay, Show-up Identifications: Suggestive Technique or
Reliable Method?, in 2 The Handbook of Eyewitness Psychology: Memory for
People 137, 147 (2007).
Some research also shows that witness accuracy declines with age. Across
twelve studies, young witnesses -- ranging from nineteen to twenty-four years
old -- were more accurate when viewing target-absent lineups than older
witnesses -- ranging from sixty-eight to seventy-four years old. See James C.
Bartlett & Amina Memon, Eyewitness Memory in Young and Older Adults, in 2
The Handbook of Eyewitness Psychology: Memory for People, supra, at 309,
317-19. On average, 53% of young witnesses recognized that the target was not
in the lineup, compared to only 31% of older witnesses. Id. at 318.
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