| |
Proposed Rules Archives
CrRLJ 3.9 - In-Court Eyewitness Identification
GR 9 COVER SHEET |
Suggested New Criminal Rule CrRLJ 3.9 In-Court Eyewitness Identification |
| Date: |
|
June 5, 2018 |
|
| Proponent: |
|
Washington Association of Criminal Defense Lawyers
1511 Third Ave., Suite 503
Seattle, WA 98101
Ph. (206) 623-1302
Fax. (206)623-4257 |
|
| Spokesperson: |
|
Kent Underwood, WACDL Court Rules Committee Co-chair |
|
| Purpose: |
|
The purpose of the rule is to exclude in-court identification of an accused where the perpetrator is unknown to the witness and there has been no prior out-of-court eyewitness identification procedure. Such in-court eyewitness identifications are suggestive, often unreliable, unduly prejudicial, burden shifting and improper opinion evidence. This rule is not intended to presume that in-court identifications are admissible if there has been an out-of-court identification procedure. |
|
| Public Hearing: |
|
Not Requested. |
|
| Expedited Consideration: |
|
Not Requested. |
|
|
