Statement of the Supreme Judicial Court on the Model Jury Instructions on Eyewitness Identification

The Supreme Judicial Court approves and recommends the use of the Model Eyewitness Identification Instructions, as revised in 2026. The 2026 revisions replace the Model Eyewitness Identification Instructions issued in 2015.

Statement of the Supreme Judicial Court

In 2015, the Supreme Judicial Court approved and recommended the use of the Model Eyewitness Identification Instructions (2015 Instructions), which replaced the provisional instructions in the appendix of Commonwealth v. Gomes, 470 Mass. 352, 379-388 (2015). At that time, we asked the Standing Committee on Eyewitness Identification to continue to review the science applicable to eyewitness identification, monitor the efficacy of the 2015 Instructions, and recommend further revisions as needed or warranted. The Standing Committee now has recommended revisions to the 2015 Instructions, which we approve. The 2026 revisions to the Model Eyewitness Identification Instructions (2026 Instructions) replace the 2015 Instructions.

The 2026 Instructions reflect scientific developments since 2015 in the areas of eyewitness identification and efficacy of eyewitness identification jury instructions. They include new or updated instructions on evaluating eyewitness statements of confidence, eyewitness familiarity with the person identified, the influence of exposure to outside information, and instructions on evaluating police identification procedures (showup, lineup, and in-court identifications). They also use plainer language, and are shorter in length, than the 2015 Instructions, which should make them easier for jurors to follow.

It is recommended that the trial judge use the language of the 2026 Instructions, unless the trial judge determines that different language would more accurately or clearly provide comparable guidance to the jury or better promote the fairness of the trial.

In the 2026 Instructions, the capitalized text between angle brackets (e.g., <ADD UNLESS ALL PARTIES AGREE THAT...>) is intended to alert trial judges that the language following the brackets need only be given under the circumstances described. The non-capitalized language between square brackets (e.g., [the photo array] [the lineup]), meanwhile, is intended to alert trial judges that one or more of the bracketed options may be applicable.

In some cases, the trial judge may appropriately decide to omit or alter portions of the 2026 Instructions to promote the fairness of the trial. For example, as noted in Gomes, supra at 368, we recognize "the possibility that a party may offer expert testimony at trial that properly may persuade a trial judge to depart from the model instruction." However, a judge should give careful consideration before making any omission or alteration that affects the substantive guidance of the 2026 Instructions because, in most cases, the model instructions will provide appropriate guidance.

The 2026 Instructions are not intended to be a comprehensive statement of the law of eyewitness identification. We recognize that it is unlikely to be the final word and, as was true with the 2015 Instructions, the 2026 Instructions will need to evolve with new developments in the science of eyewitness identification, and with the experience of trial judges using the instruction. See Gomes, supra.

We thank the Standing Committee for its outstanding work, as well as others who provided comments regarding the proposed revisions.

NOTE: Revisions to the preliminary/contemporaneous eyewitness identification instruction issued in 2015 are under consideration. At this time, use of the 2015 version of the preliminary/contemporaneous instruction continues to be recommended.

Date published:	February 20, 2026