Court-Martial Trial Practice BlogProfessor Colin Miller has posted an excellent piece about the current status of expert testimony about the inaccuracies of eyewitness identification. I have done several posts on this blog (here, here, here, here, here, and here) about the inaccuracy of regular and cross-racial eyewitness identifications and whether expert testimony about this inaccuracy should be allowed. […]
Search Results for: eye witness
Eyewitness identification at court-martial
Eyewitness Identifications and State Courts as Guardians Against Wrongful Conviction Sandra Guerra Thompson University of Houston Law Center Ohio State Journal of Criminal Law, Forthcoming University of Houston Law Center No. 2010-A-1 Abstract: Despite a growing awareness that mistaken eyewitness identifications contribute significantly to wrongful convictions, most courts continue to apply federal due process criteria […]
Eyewitness identification
I have done several posts on this blog (here, here, here, here, and here) about the inaccuracy of regular and cross-racial eyewitness identifications and whether expert testimony about this inaccuracy should be allowed. My general sense is that most courts allow such expert testimony although a decent number of courts, such as the Eleventh Circuit […]
Experts on eyewitness testimony
Here is a link to Prof. Colin Miller’s site. The Areas Of My Expertise: Alabama Federal Court Allows Expert Eyewitness Testimony Despite Eleventh Circuit Precedent. Professor Miller discusses an 11th Circuit decision allowing expert testimony on the unreliability of eyewitness identifications. The court allowed testimony about problems with identifications, but did not allow testimony that […]
Are eyewitnesses accurate?
tip: to Crime & Consequences, who gives a Hat tip to Howard Bashman at How Appealing for his post reporting on an audio segment on NPR's "Day to Day" discussing the reliability of eyewitness identification in criminal trials. The segment, from Slate.com writer Dahlia Lithwick, dicusses research from Gary Wells and Deah Quinlivan. Wells is […]
Eyewitness testimony.
Prof. Colin Miller, Can I Get A(n Eye) Witness: 60 Minutes Story Exposes Problems With Eyewitness IDs, Evidence Prof Blog, 9 March 2009. Those of you who watched 60 Minutes last night saw the interesting story, Eyewitness: How Accurate is Visual Memory? And the answer is, "Not very." The story detailed how Jennifer Thompson misidentified […]
Coaching of child witnesses-WTR
Kyndra C. Cleveland , Jodi Quas and Thomas D. Lyon (University of California, Irvine , University of California, Irvine – Department of Criminology, Law and Society and University of Southern California – Gould School of Law) have posted Valence, Implicated Actor, and Children’s Acquiescence to False Suggestions (Forthcoming, Journal of Applied Developmental Psychology) on SSRN. Here is […]
Frankenstein military justice
court-martial, ucmj, aggressive advocacy for an accused unhindered by worries about our military career.
United States v. Figuereo presents a situation where the court found a valid claim of ineffective assistance of counsel based on a conflict of interest created by the lead military defense counsel. The court did, however, limit the IAC to the sentencing case. The court also set aside an enlisted panel’s findings of several offenses. […]
Impeaching the verdict
United States v. Filmore. 1. If a victim testifies on sentencing–the rules of evidence apply the same as any other witness. Article 6b does not waive the rules of evidence when a victim testifies in sentencing. (Note, the victim gave both sworn and unsworn statements.) Failure to follow the rules (even without defense objection) gets the defense and […]