What the witness sees and remembers is a function of many factors specific to that witness and the crime scene: the witnesses ability to see without glasses, the absence of any lighting at night. What complicates matters is the deliberate or unintentional police actions (and actions of others – see ‘memory conformity’ issues). The American […]
A Survey of Federal and State Standards for the Admission of Expert Testimony on the Reliability of Eyewitnesses George Vallas Independent 2011 American Journal of Criminal Law, Vol. 39, No. 1, Fall 2011 Abstract: Eyewitness testimony is indispensible to the proper functioning of the criminal justice system. However, as Justice Frankfurter famously observed: “The vagaries […]
Eyewitness Memory for People and Events (Chapter 25) Gary L. Wells Iowa State University, Department of Psychology Elizabeth F. Loftus University of California, Irvine – Department of Psychology and Social Behavior January 16, 2013 Handbook of Psychology, Vol. 11, 2013, Forensic Psychology, Chapter 25, R.K. Otto and & I.B. Weiner (Eds), Hoboken, NJ: John Wiley […]
Slate has a piece, The Catch-22 of Eyewitness ID, Juries trust the memory of witnesses even when they shouldn’t. h/t How Appealing.
I’ve posted already about the Oregon case – Oregon v. Lawson. Here is a piece from the excellent Concurring Opinions blog about eyewitness testimony. I would like to underscore Brandon’s point about reform efforts that are currently underway. While for the most part, the criminal justice process is stuck in a bad place (thanks to […]
The CAAF recently decided United States v. Baker, an Article 62 appeal of an MJ’s ruling suppressing an identification. There is quite a bit of legitimate research indicating that even 12 bishops might give an erroneous identification of a suspect either in witness interviews or through an out of court identification (photo or lineup). For […]
Prof. Colin Miller has a timely and excellent discussion of eyewitness identification issues.
MAJ Hasan’s UCMJ Article 32 hearing and likely court-martial is drawing and will continue to draw lots of attention — of course, duh. But just as we have seen in other high profile cases there are opportunities for what I call teachable moments. Here are two from the item posted by CAAFLog about the witness […]
Professor 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. […]
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 […]