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

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System Variables to Trigger a Hearing<br />

To evaluate whe<strong>the</strong>r <strong>the</strong>re is evidence of<br />

suggestiveness to trigger a hearing, courts should<br />

consider <strong>the</strong> following non-exhaustive list of system<br />

variables:<br />

1. Blind Administration 2. Pre-identification Instructions.<br />

3. Lineup Construction 4. Feedback<br />

5. Recording Confidence 6. Multiple Viewings<br />

7. Showups (two hours)<br />

8. Private Actors<br />

9. Multiple Identifications

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