The Courts have come to recognize
eyewitness identification evidence as inherently unreliable.
We accept both DNA and non-DNA based innocence claims, with special attention to cases involving
eyewitness identification evidence, flawed or invalidated forensic science testimony, and false confessions.
The Wisconsin Supreme Court affirmed the defendant's conviction, choosing not to adopt a presumption of admissibility for expert testimony on
eyewitness identification evidence.
He worked in the Special Assault Unit and Violent Crime Unit where he handled serious felony cases involving high - risk victims including sexual assaults and violent crimes, and was appointed to the Eyewitness Review Group responsible to analyze legal and scientific developments in
eyewitness identification evidence.
Not exact matches
In the majority of cases where DNA
evidence has exonerated someone wrongly convicted, the initial
eyewitness identifications were made with low confidence, not high confidence, Wixted says.
And when the police had ample corroborating
evidence against the suspects, the rate of positive
identification by confident
eyewitnesses shot up to 90 %, the team reports online today in the Proceedings of the National Academy of Sciences.
Jurisdictions in the United States are increasingly adopting these kinds of
evidence - based
eyewitness identification procedures, and yet improvements remain needed.
Almost exactly 10 years ago, the Innocence Project informed the legal community that «in 66 of the 216 wrongful convictions overturned by DNA testing, cross-racial
eyewitness identification was used as
evidence to convict an innocent defendant.»
The Pennsylvania Innocence Project spent thousands of hours on the case, which they called a prime example of the problems with
eyewitness identification not corroborated by other
evidence.
The
eyewitness identification may be the only real
evidence linking a defendant to a crime.
Tagged: court, DNA
evidence,
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eyewitness testimony, investigation, Jian Ghomeshi, jury trial, Making a Murderer, memory, police, problem, reliability, wrongful conviction
In a case where the primary
evidence against the defendant is the
identification of an
eyewitness, a defendant should be permitted to present expert testimony on the reliability of
eyewitness identification, whether or not there is additional corroborative
evidence that could weigh in favor of guilt.
A new trial based on newly discovered
evidence should not be denied solely because other
evidence in the case includes a confession and / or
eyewitness identification.
Explicitly citing the Innocence Network Brief, the Court held that Oregon's previous standard for the admissibility of
eyewitness identifications (i.e. the Classen test) was «insufficient to ensure that unreliable
evidence will be excluded» (24).
When reviewing convictions, we focus on the forms of weak
evidence which have been proven unreliable over the past few decades — such as mistaken
eyewitness identifications, false confessions, and bad forensics.
Due to the inherant unreliablity of
eyewitness identification, Judges are required to give special instructions to juries when they are considering
identification evidence.
Leighton Hay was accused as one of the shooters based on an
eyewitness»
identification of him and circumstantial
evidence.
The seminar component of the Clinic examines the principal problems that lead to the conviction of the innocent and the leading proposals for reform, including mistaken
eyewitness identification, false confessions, faulty forensic
evidence, the role of forensic DNA testing, post-conviction remedies for innocence claims, the use of «jailhouse snitches» and other cooperating witnesses, incompetent defense counsel, and police and prosecutorial misconduct.
For over fifteen years, she has had continuous funding (over $ 1.7 million) from the National Science Foundation for her research applying social psychology to the investigation of legal issues such as
eyewitness identification, jury decision - making, and scientific
evidence.