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to use this science in the courtroom to challenge jurors’ and judges’ misconceptions and, where necessary, fight bad outdated precedents.
What do Jurors Understand About Eyewitness ID? Survey says...Champion, April 2005. Describes survey of 1000 potential jurors in Washington DC about their understanding of eyewitness research findings. Shows eyewitness research really is "beyond the ken" of most jurors.
On the General Acceptance of Eyewitness Testimony ResearchBy Kassin, Tubb, Hosch, and Memmon. American Psychologist, Vol 56, No 5, May 2001. Survey. Though a bit dated, this is the article to cite for Frye challenges to what is now the accepted state of the science.
*Eyewitness ID Case Law OutlineA comprehensive, topical outline of case law on eyewitness identification issues. Compiled by DC PDS clerks, it contains mostly (but not all) federal and DC case law.
Schmechel et al - Admissibility - BEYOND THE KEN?2006 "BEYOND THE KEN? TESTING JURORS’ UNDERSTANDING OF
EYEWITNESS RELIABILITY EVIDENCE" This article surveys state and federal law on whether eyewitness testimony is beyond common sense and describes survey results showing it is.
Shay-OToole - Manson v. Brathwaite Revisited:Towards a2006 Manson v. Brathwaite Revisited:Towards a New Rule of Decision for Due Process Challenges. Describes problems with and potential remedies for the current Brathwaite factors.