National Legal Aid & Defender Association Join NLADA
  About NLADA  | Civil Resources  | Defender Resources  | Training and Conferences  | Communication Resources  | Member Services  | Job Opportunities  | NLADA Insurance Program
 
American Council of Chief Defenders
Sections
Defending Immigrants Partnership
E-Library
Forensics Library
Funding/Resources
Government Relations
National Alliance of Sentencing Advocates and Mitigation Specialists
National Defender Leadership Institute
NIDC
Practitioner's Corner

Public Information
Public Opinion
Right to Counsel Resource Kit
Standards
Technology
Defender_Trainers
Forensics Library
Printer Friendly Page

 
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to use this science in the courtroom to challenge jurors’ and judges’ misconceptions and, where necessary, fight bad outdated precedents.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
        • Expert Admissibility Motions Expert Admissibility Motions
          Document *4-14-03 RB Motion to Admit Expert Witness Detailing the proffered testimony of Dr. S. Penrod and including an extensive memorandum of law.
          [ Submitter: DC PDS  |  more info ]
          Document *1-10-2005 RB Appeal of Denial of Motion to Admit Eyewitness Expert Appeal of denial of 4-14-03 motion to admit an eyewitness expert (see above) on grounds that the proferred testimony was "not beyond the ken" of the lay juror.
          [ Submitter: DC PDS  |  more info ]
          Document *State v. Coley (32 S.W.3d 31 (2000)) Appellant's brief. Arguing for admissibility of expert testimony on ID under Frye test. Affirmed, 3-2 decision.
          [ more info ]
          Document *11-16-04 R.J.Notice of Eyewitness Expert Testimony US v. RJ. Explains specific testimony that Dr. Penrod was expected to give, research basis, and relevance to the case at hand. 8 pgs.
          [ Submitter: DC PDS  |  more info ]
          Document D.C. Poll of Juror Understanding of Eyewitness Factors This recent independent poll of 1000 members of the D.C. juror pool demonstrates that many factors of eyewitness reliability are NOT understood by laypeople. An essential weapon against opposition to expert testimony.
          [ Submitter: DC PDS  |  more info ]
          Document Summary of D.C. Poll Results By Timothy P. O'Toole, D.C. Public Defender Service.
          [ Submitter: DC PDS  |  more info ]
          Document *1-10-05 Benn v US Opening Brief Appellate Brief detailing why eyewitness expert testimony should have been allowed in a stranger ID case where the only evidence was a few eyewitnesses. Focus on confidence-accuracy correlation.
          [ Submitter: DC PDS  |  more info ]
          Document *2005 Benn v. US Reply Brief Appellate brief arguing that proffered expert tesimony was beyond the ken of jurors, that admissibility should be determined on a case-by-case basis, and that muliple eyewitnesses are not "corroborating evidence."
          [ Submitter: DC PDS  |  more info ]