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

a-8-08.opn.html
evaluates trace evidence and eyewitness identification evidence differently.
Unlike vials of blood, memories cannot be stored in evidence lockers. Instead,
we must strive to avoid reinforcement and distortion of eyewitness memories
from outside effects, and expose those influences when they are present. But we
continue to rely on people as the conduits of their own memories, on attorneys
to cross-examine them, and on juries to assess the evidence presented. For that
reason, we favor enhanced jury charges to help jurors perform that task.
E. Trial
As is true today, juries will continue to hear about all relevant system and
estimator variables at trial, through direct and cross-examination and
arguments by counsel. In addition, when identification is at issue in a case, trial
courts will continue to “provide[] appropriate guidelines to focus the jury’s
attention on how to analyze and consider the trustworthiness of eyewitness
identification.” Cromedy, supra, 158 N.J. at 128. Based on the record developed
on remand, we direct that enhanced instructions be given to guide juries about
the various factors that may affect the reliability of an identification in a
particular case.
Those instructions are to be included in the court’s comprehensive jury
charge at the close of evidence. In addition, instructions may be given during
trial if warranted. For example, if evidence of heightened stress emerges during
important testimony, a party may ask the court to instruct the jury midtrial
about that variable and its effect on memory. Trial courts retain discretion to
decide when to offer instructions.
As discussed earlier, the State maintains that many jurors, through their life
experiences and intuition, generally understand how memory works. See supra
at section VI.C. To the extent some jurors do not, the State argues that crossexamination,
defense summations, the current jury charge, fellow jurors, and
other safeguards can help correct misconceptions.
But we do not rely on jurors to divine rules themselves or glean them from
cross-examination or summation. Even with matters that may be considered
intuitive, courts provide focused jury instructions. For example, we remind
jurors to scrutinize the testimony of a cooperating witness with care. See Model
Jury Charge (Criminal), “Testimony of Cooperating Co-Defendant or Witness”
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