Section 343.3. Rules of evidence; identification by means of previous recognition in absence of present identification  


Latest version.
  • 1.  In  any  juvenile
      delinquency  proceeding  in which the respondent's commission of a crime
      is in issue, testimony as provided in subdivision two may be given by  a
      witness when:
        (a) such witness testifies that:
        (i) he observed the person claimed by the presentment agency to be the
      respondent  either  at the time and place of the commission of the crime
      or upon some other occasion relevant to the case; and
        (ii)  on  a  subsequent  occasion  he  observed,  under  circumstances
      consistent  with  such  rights as an accused person may derive under the
      constitution of this state or of the United States,  a  person  whom  he
      recognized  as  the  same  person  whom  he  had  observed  on the first
      incriminating occasion; and
        (iii) he is unable at the proceeding to state, on the basis of present
      recollection, whether or not the respondent is the person  in  question;
      and
        (b)  it  is established that the respondent is in fact the person whom
      the witness observed and recognized on the second  occasion.  Such  fact
      may be established by testimony of another person or persons to whom the
      witness promptly declared his recognition on such occasion.
        2. Under circumstances prescribed in subdivision one, such witness may
      testify  at  the  proceeding  that  the  person  whom  he  observed  and
      recognized on the second occasion is the same person whom he observed on
      the first or incriminating occasion. Such testimony, together  with  the
      evidence  that  the  respondent  is  in fact the person whom the witness
      observed and recognized on the second occasion, constitutes evidence  in
      chief.