Section 343.4. Rules of evidence; identification by means of previous recognition, in addition to present identification  


Latest version.
  • In  any  juvenile
      delinquency  proceeding  in which the respondent's commission of a crime
      is in issue, a witness who testifies that: (a) 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  (b)  on  the  basis  of present
      recollection, the respondent is the person in question,  and  (c)  on  a
      subsequent  occasion  he  observed  the  respondent, under circumstances
      consistent with such rights as an accused person may  derive  under  the
      constitution  of  this  state  or  of  the  United States, and then also
      recognized him as the same person whom he had observed on the  first  or
      incriminating  occasion, may, in addition to making an identification of
      the respondent at the delinquency proceeding on  the  basis  of  present
      recollection   as   the   person  whom  he  observed  on  the  first  or
      incriminating occasion, also describe his previous  recognition  of  the
      respondent  and  testify that the person whom he observed on such second
      occasion is the same person  whom  he  had  observed  on  the  first  or
      incriminating occasion. Such testimony constitutes evidence in chief.