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

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A Problem: Confidence malleability.<br />

• Refers to <strong>the</strong> tendency for an<br />

eyewitness to become more (or less)<br />

confident in his or her identification as a<br />

result of feedback after <strong>the</strong><br />

identification.<br />

• Particularly important because <strong>the</strong> legal<br />

system can contaminate <strong>the</strong> confidence<br />

of an eyewitness in ways that can make<br />

an in-court statement of confidence<br />

meaningless<br />

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