§ 6-1 Identification

LibrarySouth Carolina Requests to Charge - Criminal (SCBar) (2012 Ed.)

§ 6-1 Identification

An issue in this case is the identification of the defendant as the perpetrator of the crime charged. The State of South Carolina has the burden of proving identity beyond a reasonable doubt. Identification testimony is an expression of belief or impression by a witness. You may consider the opportunity a witness had to observe the alleged offender at the time of the offense and to thereafter make an identification. It is for the jury to determine the accuracy of the identification of the defendant. You must consider the credibility of each identification witness in the same way as any other witness. You can consider his or her truthfulness as well as the capacity, opportunity and circumstances of the observation of the matters about which he or she testified.

See United States v. Holley, 502 F.2d 273 (4th Cir. 1974); United States v. Telfaire, 469F.2d 552 (D.C. Cir. 1972); United States v. Levi, 405 F.2d 380 (4th Cir. 1968) (stating that when identification is an issue trial judge must instruct jury that burden of proof is upon prosecution with reference to every element of the crime charged and this burden includes burden of proving beyond a reasonable doubt identity of defendant as perpetrator of crime charged); State v. Huber, 119 P.3d 388, 389 (Wash. Ct. App. 2005) ("It is axiomatic in criminal trials that the prosecution bears the burden of establishing beyond a reasonable doubt the identity of the accused as the person who committed the offense.").

For information purposes only and for consideration in a special fact scenario, I include the Telfaire charge with exactitude:

TELFAIRE CHARGE

One of the most important issues in this case is the identification of the defendant as the perpetrator of the crime. The Government has...

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