"[ 1 Defendant Darryl Hubbard appeals his convictions of aggravated robbery, aggravated burglary, and aggravated assault. He argues that (1) the trial court should have allowed an expert witness to testify regarding the fallibility of eyewitness identification; (2) the trial court erred in denying his pretrial motion to suppress witness identification testimony because the pretrial photo array presented to the witnesses who identified him was impermissibly suggestive and unreliable and therefore violative of the due process clauses of the United States and Utah constitutions; and (8) the trial court erred in conducting voir dire of prospective jurors at sidebar out of the defendant's presence and off the record. We affirm.
FACTUAL BACKGROUND
[1,2] 12 We review the record facts in a light most favorable to the jury's verdict. State v. Evans,
T3 On the evening of January 24, 1999, Jeffrey Gunderson and several guests were in the living room area of Gunderson's basement apartment smoking marijuana. Cheryl Moss, who was also in the apartment but not smoking marijuana, was in a back room drawing and listening to music. Gunderson and his guests heard a loud knock at the door. One guest, Ayza Wells, ascended the interior stairway of about ten stairs that led to the door to answer it. The person at the door identified himself as "Six Nine." Wells refused to open the door, and returned, stating that he didn't know anyone called "Six Nine." Gunderson then went to the door where the person again identified himself as "Six Nine." Even though Gunderson did not know anyone by the name of "Six Nine," he opened the door.
€ 4 The assailant then forced his way into the apartment, wielding a handgun which he pointed at Gunderson, shooting him in the leg below the knee. Gunderson lost his balance and fell down the stairs to the living room area. The assailant descended the stairs, grabbed Gunderson by the hair, and placed the pistol to CGunderson's head. The assailant then demanded guns, drugs, and cash from two safes that Gunderson had in the apartment. In particular, the assailant stated he knew one safe was behind Gunder-son's bar.
T5 Having heard the gunshot, Moss entered the living room area carrying a knife. Upon seeing that the assailant was armed, however, Moss set the knife down on a bookshelf. Gunderson's guests took cover, hiding in various locations inside the apartment. The assailant threatened Moss at gunpoint and ordered her into the kitchen where he duct-taped her arms behind her back and ordered her to the floor. The assailant then again demanded access to the safes.
*957 T6 After returning to the living room, the assailant threatened the three guests, took an unloaded weapon from one of them, and repeated his demands regarding the safes. Moss retrieved keys for Gunderson who unlocked the safe behind the bar, and the assailant took the cash and marijuana inside. The assailant demanded more money. Gun-derson removed his wallet and offered the money to the assailant, pleading with him not to shoot. The assailant took the money and then demanded access to the other safe. The assailant proceeded to drag Gunderson by the hair to the bedroom, but then left the bedroom and fled the apartment.
T7 Within thirty minutes of the time the assailant fled, the police arrived. Gunderson and Moss told police that they had been attacked and robbed by an individual who identified himself as "Six Nine." Gunderson and Moss also described the assailant to police as a tall, African-American male of strong build, and of medium to light complexion, with a goatee-style beard. With this information Officer Merino obtained a photo from the Salt Lake County Sheriff's Office of a person who used the moniker "Six Nine," and whose photograph matched the description given by the victims. Merino prepared a photo array of six photographs: five photos of light-complected African-American men with goatee-style beards similar to defendant's beard, and defendant's photo.
T8 Approximately three weeks after the incident, Officer Merino presented the photo array separately to Gunderson and Moss. Officer Merino met Gunderson and Moss in the parking area behind Gundergon's apartment. Officer Merino instructed Moss to stand near the apartment building, approximately fifty feet away, while he presented the photo array first to Gunderson. Officer Merino explained to Gunderson that he was going to show him six photos, that the assailant might or might not be pictured in one of the photos, that the hair and facial hair might be different, and that the lighting of the photo might alter the skin tone. Officer Merino further explained to Gunderson that he should look at all of the photos, without looking on the back of the photos where personal information was located, and then indicate if he recognized one of the photos as the assailant. Gunderson, immediately, and without equivocation, identified defendant as the assailant. Officer Merino also asked Gunderson to assign a numerical value from one to ten indicating his certainty, with ten being positively certain. Gunderson never assigned a numerical value, but stated instead, "I'm positive." Officer Merino then sent Gunderson to stand- near the apartment building while Moss approached and looked at the photos. Merino instructed Moss as he instructed Gunderson. Moss immediately identified, defendant. Moss indicated her certainty as seven on the same ten point scale. ®
9 Before trial, defendant moved to suppress the eyewitness identification testimony to be offered by Gunderson and Moss. This motion was denied. Defendant also moved to allow an expert witness to testify regarding the fallibility of eyewitness identification testimony. The district court held a hearing on September 2, 1999, at which counsel argued whether the testimony was admissible under Utah Rule of Evidence 702 and State v. Rimmasch, TiS P.2d 888 (Utah 1989). Both sides also argued whether a jury instruction would sufficiently educate the jury regarding common misconceptions about potential deficiencies of eyewitness identification. Furthermore, as part of the motion, defense counsel explained the following as the substance of the proposed expert witness testimony: O -
The expert testimony that defendant seeks to admit to the Court at trial in this matter pertains to research and theory concerning memory, the reporting of memory, and the variables known to influence memory and memory reports. The testimony is designed to provide scientific information that may assist the trier of fact in interpreting contested adjudicated facts; statements of witnesses as to who and what they saw and happened. 1
T 10 The district court denied defendant's motion. In denying the motion, the court noted that permitting expert testimony in this case was not "required or advisable," *958 that instruction of the jury regarding problems with eyewitness identification is "best accomplished through instruction," and that if the court were to permit expert testimony, it "would have a significant tendency to cause the jury to abdicate its role as fact finder, at least with respect to any issues that must be decided based on eyewitness testimony."
{11 The case proceeded to trial. During the jury selection process, the judge, prosecutor, and defense counsel discussed matters with prospective jurors at sidebar, without the defendant present. There is no evidence in the record that defendant objected to or opposed not being present at sidebar. During the trial, both Gunderson and Moss identified the defendant as their assailant. In instructing the jury, the trial court gave an extensive Long 2 instruction. 3
12 The jury convicted defendant of aggravated robbery, aggravated assault, and aggravated burglary. Defendant appeals.
*959 ANALYSIS
I. EXPERT EYEWITNESS IDENTIFICATION TESTIMONY
Defendant argues the trial court's exclusion of the proffered expert testimony regarding the dangers and fallibility of eyewitness identification testimony violated his rights to due process and to present a defense. The State counters that State v. Butterfield,
T14 "Whether expert testimony on the inherent deficiencies of eyewitness identification should be allowed is within the sound discretion of the trial court." Butterfield,
§15 Certainly a- defendant may have witnesses, including expert witnesses, testify on his or her behalf. Whether testimonial evidence is admitted, however, including the testimony of an expert witness, is *960 controlled by the trial judge. Proffered expert testimony about the deficiencies in the identification testimony of one or more percipient witnesses presents a dilemma. If the expert witness is permitted to testify, he or she will evaluate for the jury, either directly or indirectly, to what extent the percipient witness testimony should be believed. Permitting an expert witness, either directly or indirectly, to analyze the credibility of a percipient witness for the jury and thereby opine regarding whether eyewitness testimony is reliable or not, to a certain extent, steps into the province of the jury, see Gregory G. Sarno, Annotation, Admissibility, At Crimi-mal Prosecution, of Expert Testimony on Reliability of Eyewitness Testimony, 46 ALRAth 1047 § 3[a]; 81A Am.Jur.2d Expert and Opimion Evidence § 871 n. T1 (1989), and in our judicial system it is the role of the jury to decide how much weight to give the testimony of particular witnesses, not the role of independent experts. On the other hand, if a proposed expert witness is not permitted to testify about the limitations inherent in eyewitness identifications, the jury might not be educated about the potential deficiencies of eyewitness identification, and it will fall upon the court to instruct the jury on the limitations and problems that research has discovered.
116 In Butterfield this court acknowledged the limitations inherent in eyewitness testimony, and we reiterated that because of these inherent deficiencies "trial courts are required to give a cautionary. jury instruction when eyewitness identification 'is a central issue in a case and such an instruction is requested by the defense." "
[ 17 In some cases, to permit one expert to analyze circumstances present when an eyewitness observed a defendant and suggest how accurate an eyewitness' identification is would undoubtedly result in a similar analysis by an opposing expert who would analyze the same circumstances and offer a contrary opinion. Such expert testimony, regardless of whether it is presented hypothetically or by applying the cireumstances of a particular case, will result in dueling experts evaluating for the jury how much weight to give to the testimony of percipient witnesses. In some cases, the proffered testimony might be a lecture to the jury regarding the scientific bases and research underlying the weaknesses inherent in eyewitness identification. Therefore, it is left to the trial court's sound discretion to decide whether the proffered expert testimony would constitute a lecture, the substance of which can be just as adequately conveyed to the jury through the judge in a jury instruction, as opposed to through expert testimony.
1 18 If the trial court determines that the better result would be to educate the jury through a Long instruction, counsel are certainly able to present proposed Long instructions that explain the potential effects of certain cireumstances on the powers of observation and recollection and present their positions on how the Long cautionary instruction should be given.
119 In this case the trial court gave a cautionary Long instruction instead of permitting expert testimony regarding eyewitness identification. 4 The jury instruction could have better explained the substance of the proffered expert testimony, supra, n. 1, namely the research and scientific principles underlying the limitations of eyewitness identification. See Long, T21 P.2d at 488-494 (providing an overview of scientific research *961 on the unreliability of eyewitness identification). Nevertheless, such proffered expert testimony is the type of lecture testimony that, in cases such as these, can be adequately conveyed to the jury through an instruetion.
€20 "[A] trial court's determination that expert testimony would amount to a lecture to the jury as to how they should judge the evidence, and its subsequent refusal to admit such testimony into evidence 'is not an abuse of discretion, particularly where there has been no showing that the excluded evidence would probably have had a substantial influence in bringing about a different verdict." " Butterfield,.
II MOTION TO SUPPRESS WITNESS IDENTIFICATIONS
%T21 Défendant contends the trial court violated his right to due process guaranteed by the Fourteenth Amendment of the United States Constitution and article I, section 7 of the Utah Constitution in denying his motion to suppress the identification testimony of Gunderson and Moss. Defendant argues that, pursuant to the federal due process standard, the pretrial photo array presented to them was impermissibly suggestive. He also contends that the identifications violated the Utah due process standard because they were unreliable, especially because the witnesses' mental faculties were impaired by marijuana. The State in *962 sists that the photo array was not impermis-sibly suggestive and therefore not violative of federal due process. The State also advocates that the witnesses’ testimony about the photo array was reliable because Gunderson and Moss had an opportunity to view the assailant, because Moss was not under the influence of marijuana, and because the two witnesses independently identified the defendant. We hold that the photo array was reliable and not impermissibly suggestive and therefore not violative of the Utah or United States Constitutions. Because the witnesses’ testimony was reliable and based on untainted, independent foundations, it was not error by the trial court to deny defendant’s motion to suppress and admit testimony of the photo array identifications.
¶ 22 The standard for reviewing a trial court’s decision to admit eyewitness identification testimony requires us to consider the record evidence and determine whether the admission of the identification is consistent with the due process guarantees of the Fourteenth Amendment of the United States Constitution and article I, section 7 of the Utah Constitution.
State v. Ramirez,
A. Federal Due Process
¶ 23 The linchpin of determining whether the admission of eyewitness identification testimony violates the federal Due Process Clause is reliability.
Manson v. Brathwaite,
¶ 24 The pretrial identification procedures used by Officer Merino ⅛ this case were not impermissibly suggestive. As a result, irreparable misidentification was not substantially
*963
likely. The photo array did not emphasize defendant's photo over the others. See Lopes,
B. Utah Due Process
125 The standard for determining whether defendant's right to due process as guaranteed by article I, section 7 of the Utah Constitution was denied is whether, under the totality of the cireumstances, the identifications were reliable. See State v. Hollen,
126 With respect to the first step of the state due process analysis, for the reasons outlined previously, see supra 124, we conclude that the procedural actions taken by Officer Merino in assembling and presenting the photo array were not impermissi-bly suggestive. With respect to the second step, trial-courts have a critical responsibility to serutinize proffered evidence for constitutional defects, and failure to do so "would leave protection of constitutional rights to the whim of a jury and would abandon the courts' responsibility to apply the law." Ra-mares,
*964
127 Since Long we have used five factors as a test for analyzing, as a preliminary constitutional matter, whether an eyewitness identification is sufficiently reliable to be presented to the jury. See, eg., Hol-len,
(1) the opportunity of the witness to view the actor during the event; (2) the witness' degree of attention to the actor at the time of the event; (8) the witness' capacity to observe the event, including his or her physical and mental acuity; (4) whether the witness' identification was made spon-tancously and remained consistent thereafter, or whether it was the product of suggestion; and (5) the nature of the event being observed and the likelihood that the witness would perceive, remember and relate it correctly.
Long,
128 We conclude that the pretrial photo identification was sufficiently reliable such that defendant's due process rights were not violated by permitting the identification testimony of Gunderson and Moss. Both Gunder-son and Moss had an adequate opportunity to view the assailant. Gunderson had an opportunity to view the assailant initially at the door, then later in the living room when the assailant demanded access to the safes, and in the bedroom where the assailant had directed Gunderson before fleeing. The attention of both Gunderson and Moss was focused on the assailant. Whether their attention was focused on the features of the assailant or whether their vision was blurred by fear or other factors is debatable, but it is clear that the focus of the witnesses attention was not on another event or occurrence such that the assailant was not the focus of their attention. They were not casual or passing observers. The witnesses' capacity to observe the event, particularly their physical and mental acuity, is debatable. Gunderson was smoking and under the influence of marijuana; Moss had not been smoking marijuana. The witnesses' identification was made spontaneously and remained consistent thereafter. Gunderson, according to Officer Merino, identified defendant as the assailant immediately, and without hesitation or equivocation. When asked to describe his certainty to Officer Merino, Gunderson said, "I'm positive." Moss immediately identified defendant and indicated her level of certainty as seven on the ten point scale. Officer Merino's procedures militate against concluding that the witnesses' identification was the product of suggestion. Officer Merino took care not to suggest that the witnesses identify one photo over another: he did not place defendant's photo first or last; he required Gunderson and Moss to look at the pictures separately; and he explained to both of them that the assailant might or might not be in the array, that the hair and facial hair might have changed, and that the photo lighting might have altered skin tones. Finally, the nature of the event being observed and the likelihood that the witnesses would perceive, remember and relate it correctly does not clearly influence us either way. Whether a traumatic event helps or hinders in identification is debatable.
129 In addition to the Long factors, we note that the witnesses provided accurate descriptive information to investigating officers which Officer Merino used to assemble the photo array: the approximate height, build, complexion, and facial hair of their assailant. In particular, Gunderson and Moss provided officers with the moniker the assailant used to identify himself, "Six Nine," and Officer Merino used this information in particular to obtain a photograph of defendant from the Salt Lake County Sheriff's Office.
30 We cannot know for certain whether the witnesses' attention was completely focused on identifying features of the assailant, nor can we determine whether the witnesses were mentally and physically sharp. Whether, because of the nature of the event the *965 witnesses in this case were more perceptive or less perceptive, is also a point of debate. Our determination, however, is only whether the proffered evidence is sufficiently reliable such that it can be presented to the jury for their deliberation. Courts need not, nor should they, step into the province of the jury and decide the ultimate matter of identification for the jurors. Courts must simply decide whether the testimony was sufficiently reliable so as not to offend defendant's right to due process by permitting clearly unreliable identification testimony before the jury. In sum, given the above facts, the witness identifications were not so unreliable as to warrant exclusion of the identification testimony from consideration by the jury. As a result, we hold that admission of the identification testimony of Gunderson and Moss did not violate defendant's state constitutional right to due process.
III DISCUSSIONS WITH POTENTIAL JURORS AT SIDEBAR OUT OF DEFENDANTS PRESENCE AND OFF THE RECORD
1381 Defendant insists he has a right to be present at every stage of the proceedings and that the trial court erred in conducting off-the-record discussions at sidebar with potential jurors. Defendant claims that because article I, section 12 of the Utah Constitution and section 77-1-6 of the Utah Code entitle him to be present at all stages of trial, he was entitled to be present at the off-the-record sidebar discussions, and waiver of this right may not be presumed. The State counters that defendant waived any right he had to be present at sidebar during voir dire of prospective jurors by failing to assert it. We agree.
182 Because defendant did not raise, by objection or otherwise, his right to be present during voir dire, we review whether the defendant was denied this alleged right under a plain error standard. See, e.g., State v. Dunn,
133 A defendant charged with a crime is entitled to be present at all stages of trial. Utah Const. art. I, § 12 ("In eriminal prosecutions the accused shall have the right to appear and defend in person and by counsel ... to have a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed[.]"); Utah Code Ann. § 77-1-6(1) (1999) ("In criminal prosecutions the defendant is entitled: (a) To appear in person and defend in person or by counsel; ... (f) To a speedy public trial by an impartial jury of the county or district where the offense is alleged to have been committed[.]"); State v. Houtz,
34 We agree with the reasoning of the Wyoming Supreme Court in Campbell v. State,
CONCLUSION
1 35 We hold that (1) the trial court did not exeeed its permitted range of discretion in not allowing an expert witness to testify regarding the fallibility of eyewitness identification, (2) the trial court did not err in denying the motion to suppress testimony about the pretrial photo identifications because the identification testimony regarding the photo array was not violative of the due process clauses of the United States and Utah Constitutions, and (8) the defendant waived any right he may have had to be present while the trial court conducted voir dire of prospective jurors at sidebar. As a result, the jury verdict is affirmed.
136 Affirmed.
Notes
. In the written motion, defense counsel specifically presented the following as the expert's proffered testimony:
*958 (1) Reliable studies show that there is a weak correlation between witness confidence and reliability of identification. Yet most lay persons believe that the more certain the identification, the more reliable the identification.
Jurors over-believe eyewitnesses, have difficulty reliably differentiating accurate from inaccurate eyewitnesses and are not adequately sensitive to aspects of witnessing and identification conditions. A recent study also found that a major source of juror unreliability is reliance on witness confidence, which is a dubious indicator of eyewitness accuracy even when measured at the time an identification is made. Further, expert psychological testimony on the factors that influence eyewitness memory appears to reduce juror reliance on confidence and enhance use of other factors known to affect memory. R
(2) Contrary to average juror expectations, stress actually decreases rather than increases accuracy of perception, with subsequent distortion of recall. 6 >
(3) Empirical studies have demonstrated that pooling of information by eyewitnesses poses a danger that a witness' memory of the perpetrator will be unduly influenced by the recall of other participants involved in the pool, resulting in an identification which is not based upon the individual memory of the witness but rather upon the group determination of the features of the perpetrator.
__ (4) Studies support the existence of a phenomenon called "photo bias identification" if the witness has created a composite picture, and a mental process called "blending" which can reinforce the composite if there have been subsequent photo identifications. ...
(5) The photographic lineup process itself contains a high degree of suggestibility which is not generally understood by lay persons....
(6) Memory is not a static concept but is continually changing, as influenced by subsequent events, the mind's need to fill in memory gaps, and by suggestion, both overt and subtle. Most lay [persons] do not understand the constructive process involved in memory....
(7) Studies show that there is a phenomenon known as the "forgetting curve," i.e., the effect of time on memory as it relates to identification. Memory weakens at a non-constant rate with the passage of time, with most of the forgetting taking place within the first hours following the event. ...
(8) An initial identification made by an eyewitness may influence that eyewitness's later identifications and perceived memories of the event. Several reliable studies have shown that once an identification is made from a photo spread, an eyewitness may make an erroneous in-court identification based upon the {ace initially identified in the photo spread....
(internal citations to published papers omitted).
. State v. Long,
. The cautionary instruction given by the trial judge is as follows:
One of the most important questions in this case is the identification of the defendant as the person who committed the crime. The prosecution has the burden of proving beyond a reasonable doubt, not only that the crime was committed, but also that the defendant was the person who committed the crime. If, after considering the evidence you have heard from both sides, you are not convinced beyond a reasonable doubt that the defendant is the person who committed the crime, you must find the defendant not guilty.
The identification testimony that you have heard was an expression of belief or impression by the witness[es]. To find the defendant not guilty, you need not believe that the identification witness was insincere, but merely that the witness was mistaken in his/her belief or impression.
Many factors affect the accuracy of identification. In considering whether the prosecution has proved beyond a reasonable doubt that the defendant is the person who committed the crime, you should consider the following:
1. Did the witness have an adequate opportunity to observe the criminal actor? In answering this question, you should consider:
(a) the length of time the witness observed the actor;
(b) the distance between the witness and the actor;
(c) the extent to which the actor's features were visible and undisguised;
*959 (d) the light or lack of light at the place and time of observation;
(e) the presence or absence of distracting noises or activity during the observation;
(f) any other circumstances affecting the witness' opportunity to observe the person committing the crime.
2. Did the witnesses have the capacity to observe the person committing the crime? ...
In answering this question, you should consider whether the witness is of a different race than the criminal actor. Identification by a person of a different race may be less reliable than identification by a person of the same race.
3. - Was the witness sufficiently attentive to the criminal actor at the time of the crime?
In answering this question, you should consider whether the witness knew that a crime was taking place during the time he/she observed the actor. Even if the witness had adequate opportunity and capacity to observe the criminal act, he/she may not have done so unless he/she was aware that a crime was being committed.
4. Was the witness' identification of the defendant completely the product of his own memory?
In answering this quesmon you should consider:
(a) The length of time that passed between the witness' original observation and his identification of the defendant;
(b) the witness' capacity and state of mind at the time of the identification;
(c) the witness' exposure to opinions, descriptions of identifications given by other witnesses, to photographs or newspaper accounts, or to any other information 'or influence that may 'have affected the independence of his/her identification;
(d) any instances when the witness, or any eyewitness to the crime, failed to identify the defendant;
(e) any instances when the witness, or any eyewitness to the crime, gave a description of the actor that is inconsistent with the 'defendant's appearance;
(f) the'circumstances under which the defendant was presented to the witness for identification.
You may take into account that an identification made by picking the defendant from a group of similar individuals is generally more reliable than an identification made from the defendant being presented alone to the witness.
You may also take into account that identifications made from seeing the person are generally more reliable than identification made from a photograph.
I again emphasize that the burden of proving that the defendant is the person who committed the crime is on the prosecution. If, after considering the evidence you have heard from the prosecution and from the defense, and after evaluating the eyewitness testimony in light of the considerations listed above, you have a reasonable doubt about whether the defendant is the person who committed the crime, you must find him not guilty.
. By noting the instruction given by the trial judge in this case we do not suggest that the instruction was ideal. Despite the examples given in Long, we have not adopted one specific instruction as the only formulation, but have granted trial courts and counsel a measure of latitude in formulating such instructions. Long,
. After discussing the published research on the deficiencies of eyewitness identification, Long notes that a proper instruction "should sensitize the jury to the factors that empirical research have shown to be of importance in determining the accuracy of eyewitness identifications, especially those that laypersons most likely would not appreciate."
. Under tire federal test, the first question is whether the pretrial photographic identification procedure tainted the subsequent in-court identification because the procedure was “so imper-missibly suggestive as to give rise to a very substantial likelihood of irreparable misidentifi-cation.”
Lopez,
. The United States Supreme Court has not expressly declared that such a specific federal due ~ process right exists. In United States v. Gagnon, however, the Court explained that while the right to presence is rooted in the Confrontation Clause, the right is further protected by the Due Process Clause in some situations where the defendant is not actually confronting witnesses or evidence.