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Yesterday, in Commonwealth v. Gomes, the Supreme Judicial Court issued “a new provisional jury instruction regarding eyewitness identification.” The court explained, “We have made the jury instruction provisional to allow for public comment and possible future revision before we declare it a model, but it should be given, where appropriate, in trials that commence after issuance of this opinion until a model instruction is issued.”

The SJC also announced the formation of a new standing committee on eyewitness identification, “whose charge will be to offer guidance to the courts regarding eyewitness identification procedures…The Standing Committee is also charged with working on educational seminars and trainings to address new eyewitness evidence procedures and protocols.”

For more information on eyewitness identification, see our posts on the topic from November and December, and the 2013 Report on Eyewitness Evidence.

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