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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to use this science in the courtroom to challenge jurors’ and judges’ misconceptions and, where necessary, fight bad outdated precedents.

Where do I start?   Submit a Document
 
  • Forensics Library
    • Eyewitness Identification Eyewitness Identification
      • Eyewitness ID Pleadings Eyewitness ID Pleadings
        • Motions Challenging Manson-type Reliability Factors Motions Challenging Manson-type Reliability Factors
          Document 2005 Perez v US, Cert. Petition to S. Ct. Questions whether certainty should no longer be a factor in considering whether ID is suggestive, updating Biggers-Manson factors. Court found suggestive photo array reliable because of Biggers factors.
          [ Submitter: DC PDS  |  more info ]
          Document *State v. LaQuan Ledbetter (Conn. 2004) Appellant brief. Challenge to U.S. Supreme Court standards in Niel/Manson based on scientific research into link between confidence and accuracy since 1970s.
          [ more info ]
          Document *State v. Nogueira, Appellant's Brief (CT 2004) Appellant's brief challenging Manson v. Braithwaite ennumerated factors. Intermediate appellate court bound by State Supreme Court and SCOTUS rulings and could not address the issue.
          [ more info ]
          Document Amicus Brief of Eyewitness Researchers in Ledbetter Brief in Support of Cert. Petition by over 20 leading eyewitness ID researchers. Describes why the Supreme Court's Biggers factors are outdated, particularly why confidence is a poor indicator of accuracy.
          [ Submitter: DC PDS  |  more info ]
          Document 2006 Cert. Petition in Ledbetter v. Connecticut Questions about the reliability of the Biggers/Manson factors and whether the standard in those cases should be modified in light of the DOJ recommendations.
          [ Submitter: DC PDS  |  more info ]