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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to use this science in the courtroom to challenge jurors’ and judges’ misconceptions and, where necessary, fight bad outdated precedents.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
        • Identification Suppression Motions Identification Suppression Motions
          Document *11-19-04 RJ Reply in Support of Motion to Suppress Motion seeks to prevent government from relying in any way (not just calling witness) upon an unreliable identification and seeks a hearing on the issue
          [ Submitter: DC PDS  |  more info ]
          Document *10-29-04 RJ Supplemental Suppression Motion Contains more fact-specific application of case law and research upon learning more Brady information about the purported identifications.
          [ Submitter: DC PDS  |  more info ]
          Document *10-1-04 RJ Initial Suppression_Motion Argues under a Brathwaite/Biggers analysis that the identification procedures were suggestive and the identification unreliable. Also points to recent exonerations.
          [ Submitter: DC PDS  |  more info ]
          Document *State v. Grier (NC Appellate Court 8/02) Sufficiency claim and state/federal constitutional challenge to eyewitness ID that makes good use of the research.
          [ more info ]
          Document *State v. LaQuan Ledbetter (CT 2004) Government 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. 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 ]