National Legal Aid & Defender Association
 
Forensics Library

 
Eyewitnesses

Over 75,000 people a year are charged with crimes on the basis of eyewitness identifications, but too rarely is this evidence challenged (or suppressed). The last 30 years have created a broad, sophisticated, and well-researched consensus among social scientists that human memory is subject to specific, non-intuitive influences. More than lighting conditions and elapsed time, subjects like lineup procedures, witness confidence inflation, weapon focus, and the difficulty of cross-racial identifications headline research. Defenders now have an obligation to use this science in the courtroom to challenge jurors’ and judges’ misconceptions and, where necessary, fight bad outdated precedents.

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  • Forensics Library
    • Eyewitness Identification Eyewitness Identification
      • Eyewitness ID Court Opinions Eyewitness ID Court Opinions
        Document People v. Allen Conviction overturned for failure to seriously consider admissibility of eyewitness expert testimony
        [ Submitter: PDSDC  |  more info ]
        Document Brodes v Georgia 6-16-05. GA Supreme Court finding that lack of correlation between a witness’s certainty and accuracy, objection to jury instruction mentioning certainty upheld.
        [ Submitter: DC PDS  |  more info ]
        Document State v Smith--Maryland 2005 Re cross-racial id 880 A.2d 288 (Md. 2005). Trial court erred in prohibiting defense counsel from commenting on cross-racial eyewitness identification in their closing arguments; convictions reversed.
        [ Submitter: DC PDS  |  more info ]
        Document Wisconsin v Dubose 679 N.W.2d 927 (2004). Holding under WI constitution that evidence obtained from such a showup will not be admissible unless, based on the totality of the circumstances, the showup was necessary.
        [ Submitter: DC PDS  |  more info ]