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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to use this science in the courtroom to challenge jurors’ and judges’ misconceptions and, where necessary, fight bad outdated precedents.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
        • Eyewitness Jury Instructions Eyewitness Jury Instructions
          Document *DC PDS Eyewitness ID General Jury Instructions Addresses Biggers factors as well as cross-racial identification, time estimates, and statements of confidence.
          [ Submitter: DC PDS  |  more info ]
          Document *DC PDS Eyewitness ID Jury Instruction Re: Failure to Follow Procedures Used in 2004. Tracks best practices recommended by DOJ as well as local police general orders.
          [ Submitter: DC PDS  |  more info ]
          Document California Jury Instruction on Eyewitness ID CALCRIM 315. Over a dozen factors are listed that should be weighed in consideration of eyewitness evidence. Also online at http://www.courtinfo.ca.gov/jury/criminaljuryinstructions/calcrim_juryins.pdf
          [ Submitter: DC PDS  |  more info ]