Henderson Instructions: Do They Enhance Evidence Evaluation?

ABSTRACT Mistaken eyewitness identifications are a leading cause of wrongful convictions. Even with procedural safeguards (e.g., attorney argument, cross-examination of witnesses) in place, jurors still have difficulty evaluating the reliability of eyewitness identifications. The purpose of the current study was to test the New Jersey Supreme Court’s assumptions that recently implemented research-based case-specific jury instructions will sensitize jurors to unreliable eyewitness testimony. Four hundred sixty-eight jury-eligible adults watched a trial simulation in which estimator variables, system variables, and jury instruction were manipulated, and subsequently rendered a verdict. The Henderson instructions influenced mock jurors’ perceptions of the eyewitness identification, but these perceptions did not translate to their verdict decisions. Rather than sensitizing jurors, the instructions induced an overall skepticism of eyewitness identification. Taken together, results indicate that the current Henderson instructions should be modified to improve juror sensitivity to various witnessing and identification conditions.