Eyewitness Witness Jury Instruction Under Attack

In State v. Mitchell, the Kansas Supreme Court considered whether a jury should be instructed to give special consideration to witness certainty in determining whether an eyewitness' testimony is accurate. Scientific research in particular has shown that cross-racial identifications are less reliable. Attorneys should make a contemporaneous objection to PIK Crim. 3d 52.20 for eyewitness identification and should consider asking for expert testimony on the pitfalls of eye-witness testimony or move to suppress in-court identifications